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1993 Supreme(Ker) 102

K.T.THOMAS, K.K.USHA
Sajeevan And Etc. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

THOMAS, J.

This is a case in which the story of a murder committed in a cinema theatre at Kalamassery has been told by the prosecution. The nub of the story is that the gate keepers of the theatre had to pay heavily for thwarting the attempts made by two ticket less cinema goers to gate crash into the auditorium of the theatre, as one of them lost his life and the other was mauled brutally. Six persons were arraigned before the Sessions Court for the offences and five of them were convicted of different offences and sentenced to different terms of imprisonment including murder. Separate appeals have been filed by them.

2. The scene of occurrence was "Preethi" theatre at Kalamassery. Time was around 10.30 p.m. on 4-12-1986. The occurrence commenced like this : When the second show of the cinema started two persons (2nd and 6th accused) made a bid to get into the auditorium without tickets. The gateman (P.W. 3) resisted the attempts and there ensued a scuffle between them. Three other employees of the theatre (P.Ws. 1, 2 and the deceased Moosa) on seeing it, rushed to the rescue of their colleague. Both sides went at hammer and tongs and eventually the two bumpkins were o


















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