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2013 Supreme(Ker) 611

K.T.SANKARAN, B.KEMAL PASHA
Faisal – Appellant
Versus
State of Kerala, rep. by The Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant:B. Pramod, Advocate.
For the Respondent: R1, Gikku Jacob, Public Prosecutor.

JUDGMENT

Kemal Pasha, J.

1. Can human beings be so cruel to another human being? The factual matrix unfurls the brutality and the continued physical torture, which a human being was subjected to, from dawn to noon on the fateful day, by the assailants for taking away his life, inch by inch. The deceased, who had least expected the impending danger, fell in the trap played by the assailants. He was abducted during dawn, tortured to the core, and finally, he succumbed to it by about the afternoon.

2. Deceased Vidyadharan, a young man of 35, had fought for peace in his locality by strongly resisting the goonda activities and drug trafficking by certain antisocial elements of the locality. He did not know the dangers to which he was exposed, in fighting against those antisocial elements. He has been mercilessly exterminated by such antisocial elements, in the prime of his youth, leaving his young widow of 27, two small daughters aged 5 and 1, and his aged mother, with whom he was very fond of, to the mercy of others.

3. Criminal Appeal No.1733 of 2009 has been preferred by A1, Criminal Appeal No.1178 of 2009 has been preferred by A5 and Criminal Appeal No.1779 of 2009 has been preferre





















































































































































































































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