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1996 Supreme(Ker) 21

B.M.THULASIDAS, P.V.NARAYANAN NAMBIAR
Anilkumar – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Narayanan Nambiar, J.

The dead body of P. C. Chandran, owner of Anil Jewellery, Kammathi Lafte, Kozhikode was found lying near'Swagathamadul by the side of National Highway-17. The prosecution alleged that the deceased was murdered by the accused during the night between 8.2.1990 & 9.2.1990. Six accused were charge-sheeted by the Assistant Commissioner of Police, North, Calicut City under Section 143, 396, 302, 364, 201 read with section 149 I PC. On the basis of an application filed by the prosecution, the first accused was tendered pardon by the trial court and he was examined as P. W. 3 in the case. After full-fledged trial, recording the oral evidence of. P.Ws.1 to 49, marking Exts. P1 to P57 and M. Os.1 to 44 on the side of prosecution and examining D. W.1 and marking Exts. D1 on the side of the defence, the trial court found that the offences alleged against the accused stand proved and accused 2 to 6 were found guilty under Sections 143, 396, 302 and 364 read with section 149 IPC. They were acquitted under Section 201 IPC. The accused were sentenced to undergo imprisonment for life under section 396 IPC. No separate sentence was awarded under Sections 302 and 143





















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