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1989 Supreme(Ker) 89

P.K.SHAMSUDDIN, S.PADMANABHAN
Mohanan Nair – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

PADMANABHAN, J.

Along with others, the four appellants were on pilgrimage to Sabarimala. At Erumeli, two of them (accused 3 and 4) picked up quarrels with some other pilgrims in front of the tea shop of PW 2 by about midnight on 7-12-1985 and received some beatings. When the fourth accused fell down, the third accused went and brought accused 1 and 2. Suspecting PW 2 to be one of the assailants, all the four jointly assaulted him. Deceased Rajan, an adjacent shop owner, rushed to the scene, probably on a peaceful errand to prevent the attack. First accused took out MO 1 knife from his loins and stabbed Rajan twice resulting in injuries. When PW 2 escaped and ran away, the other three also joined hands in attacking Rajan. He was pulled down. Then the first accused inflicted the fatal stab on his right chest when he attempted to rise up. He walked to his shop and then fell dead. On these allegations, the four appellants were tried in Sessions Case No. 22 of 1986 before the Sessions Judge, Kottayam for offences punishable under Sections 323 and 302 with the aid of S. 34 of the I.P.C. Common murderous intention was found. Each one was sentenced to imprisonment for life and














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