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1988 Supreme(Ker) 420

SANKARAN NAIR
SUKUMARAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Petitioner in Crl. R.P. 134 of 1988 is the first accused in C.C. 150 of 1986 on the file of judicial Magistrate of First Class, Kodungallur, while petitioner in Crl. R.P. 233 of 1988 is the second accused therein. Petitioners challenge the conviction and sentence imposed on them. In Crl. R.C. 102 of 1988, the aforesaid petitioners were directed to show cause, why the sentence imposed on them should not be enhanced.

2. Courts below found petitioners guilty of offences under S.457, 461 and 392 read with S.34 IPC, on the charge that they in furtherance of their common intention, committed lurking, house trespass and robbery on the night of 29-12-1984. pw. 2-wife of pw. 1, was sleeping in her room with her sister-in-law. She woke up and switched on the light and saw the first accused standing near her bed, with a dagger pointed at her. She would say that, the second accused was also present, armed with a dagger. A1 asked Pw2 to switch off the light, and then she was taken to another room by both the accused. They removed her gold chain and ear studs, putting her in fear of death. They took the keys, opened an almirah and removed articles kept therein. Pursuant to informat










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