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2004 Supreme(Ker) 408

K.A.ABDUL GAFOOR
Shahul Hameed – Appellant
Versus
Kerala State – Respondent


Judgment :-

Altogether 10 accused were charged for offences punishable under Sections 143, 147, 148, 324, 326 and 307 read with Section 149 of the Indian Penal Code for having committed the offence of attempt to murder and causing grievous hurt on PW.2 Accused 4 and 6 absconded. Therefore, only the rest of the accused faced the trial. All those faced trial had been convicted for the offences punishable under Sections 143, 147, 148, 324, and 327 IPC and had been sentenced to undergo imprisonment for various terms ranging from one from to 10 Years. Therefore, this appeal by the convicted accused.

2. It is submitted by the appellants that there was absolutely no evidence on record to be acted upon to fasten guilt on the accused. Though the case of the prosecution was that all the accused did have weapon in their hands, even going by the version of PW.9 the investigating officer, three weapons M.Os.1 and 2 and an iron rod, alone were recovered as per Ext.P3. Out of those three weapons, the iron rod had never been produced in court. So, the recovery itself is doubtful. It is submitted that the recovery is, admittedly by the prosecution, based on the disclosure statement Ext.P3(a) given b






















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