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2012 Supreme(Ker) 371

P.S.GOPINATHAN
Massimilano Latorre, Holder Of Italian Passport Number Aa 1465972, (Chief Master Sergeant San Marco Regiment – Appellant
Versus
Union Of India, Through Secretary, Ministry Of Home Affairs, New Delhi – Respondent


Advocates Appeared:
For the Appearing Parties:Suhail Dutt Sr. Adv., B. Raman Pillai, Abhixit Singh, V.B. Sujith Menon, R1 -P. Parameswaran Nair, A.S.G Of India, R2 & R3 - Generalsri. K.P. Dandapani, Roshen D. Alexander, Govt. Pleader, R4 -C. Unnikrishnan (Kollam), L. Linton, S. Harikrishnan, V. Venugopalan Nair, Smt. Nidhi Balachandran, R5 & R6 - V.M. Syam Kumar, Yash Thomas Mannully, V.N. Haridas, Advocates.

Judgment :

1. At about 4.30 P.M. on 15.2.2012, a fishing boat "St. Antony", registered in India, while fishing off the coast of Kerala, was fired at, from a passing ship. As a result of this, of the 11 fishermen who were onboard the boat, two of them, namely Valantine @ Jelestine aged 44 years and Ajeesh Pink, aged 20 years were killed instantaneously. Immediately, the boat returned to Neendakara and the owner of the boat gave First Information Statement before the third respondent, the Circle Inspector of Police, Neendakara, who recorded the same and registered a case as Crime No. 2 of 2012, copy of which is marked as Ext.P2 for murder punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the IPC). In Ext.P2 , it was alleged that while fishing at 33 Nautical Miles (NM) away from the police station, without any warning or alarm, there suddenly occurred repeated firing for about two minutes from a ship painted black and red. Since the assailants were not identified, the case was registered against some officers in the above ship. Alerted by the third respondent, the Coast Guard and the Indian Navy made a thorough search and detected that the firing was fro


























































































































































































































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