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2003 Supreme(Ker) 317

K.A.ABDUL GAFOOR, N.KRISHNAN NAIR
Murali – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. First of these two appeals is by accused 1 to 4 and the other is by accused 5 to 8 in S.C. No.193/98 on the file of the First Additional Sessions Judge, Thrissur in which, apart from them, two other persons were also involved. Those two persons (accused 9 and 10) had been acquitted. The appellants were charge sheeted for offences punishable under S.143, 147, 148, 120B and 302 read with S.149 of the Indian Penal Code for having committed murder of one Vidyasagaran. Accused 1 to 8 were found guilty of the offences punishable under S.143,147,148 and 302 read with S.149 of the Indian Penal Code. They have been sentenced to undergo rigorous improvement for life and to pay a compensation of Rs.20,000/- each and in default to undergo rigorous imprisonment for a period of five years each. Though separate punishments have been awarded for the offences punishable under S.143,147 and 148 I.P.C., the sentences were directed to run concurrently. It is against this conviction and sentences, the appellants have filed these appeals.

2. The prosecution case was as follows: There was an attempt against the life of the 9th accused on an earlier occasion. It was supposed to be at the ins



















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