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2014 Supreme(Ker) 91

V.K.MOHANAN, B.KEMAL PASHA
Rajesh – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants:P.S.Sreedharan Pillai, C.G. Preetha, P. Vijaya Bhanu, Vipin Narayan, B. Raman Pillai, R. Anil, M. Sunilkumar, V.B. Sujesh Menon, T. Anil Kumar, Manu Tom, Thomas Abraham (Nilackappillil), Advocates.
For the Respondent: Roy Thomas, Public Prosecutor.

Judgment :

Kemal Pasha, J.

1. Here is a case, which depicts a fine illustration as to how recklessly an investigation could be commenced and conducted. The unfortunate untoward incident, which had triggered from some trivial incidents of restlessness among two religious outfits at a place called Kaduvinal within the local limits of Vallikunnam Police Station, have ultimately resulted in staging an attack towards the Kaduvinal mosque and the murder of an innocent young man who was coming out of the mosque after his night prayers by about 9 p.m on 23.2.2005. Carelessness had even extended to the conduct of the prosecution before the court below also.

2. A2, A4, A5, A10 and A17 in S.C.No.594/05 of the Additional Sessions Court-II, Mavelikkara, who stand convicted under Sections 143, 147, 148, 447, 427, 326 and 302 r/w Section 149 of IPC and Section 153 A(1)(a) of IPC and each of whom sentenced to undergo rigorous imprisonment for 3 months under Section 143 of IPC, rigorous imprisonment for 6 months under Section 147 of IPC, rigorous imprisonment for one year under Section 148 of IPC, rigorous imprisonment for one month under Sections 447 r/w Section 149 of IPC, rigorous imprisonment for











































































































































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