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2005 Supreme(Ker) 240

R.BASANT, K.A.ABDUL GAFOOR
Shaji – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K A. Abdul Gafoor, J.

The appellants, accused I to 4, along with two others faced trial for the offences punishable under Sections 143, 147, 148, 342, 449 and 302 of the Indian Penal Code, read with Section 149 thereof. Accused 5 and 6 were acquitted and the appellants were found guilty, convicted and sentenced to undergo rigorous imprisonment for six months under Section 143, for one year under Section 148, for another term of six months under Section 342, again for two years under Section 449 and to undergo life imprisonment and to pay a fine of Rs.10,000 with a default sentence under Section 302 read with Section 149 I.P.C. This is under challenge in this appeal.

2. The prosecution alleged that at about 3 p.m. on 31-12-2000, the accused persons, carrying deadly weapons like M.O.1 chopper, M.O.2 series iron rods, M.O.3 iron pipe and wooden sticks trespassed into the oil mill where the victim Usman @ Haneefa was working. He was sitting on M.O.4 chair. All the accused beat him and finally, the first accused inflicted three cut injuries on his head with M.O.1 chopper. P.Ws.1 and 2 were present at that time at the scene of occurrence. P.W.1, along with RW.5 who came there,



























































































































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