K.T.SANKARAN, M.L.JOSEPH FRANCIS
Nabeesathu Sudheer @ Mondi Sudheer – Appellant
Versus
State of Kerala – Respondent
K.T. Sankaran, J.
1. Sakkeer, aged 29, who was elected as the Chairman of the Law College, Thiruvananthapuram on 16.1.1995, lost his life on the same night, which according to the prosecution, was the result of a murder. Sakkeer was an active worker of DYFI. After the election as Chairman, he came home during night and went to sleep. His house was a thatched house consisting of two bedrooms. Sakkeer and his father went to bed, Sakkeer in the southern bedroom and the father in the northern bedroom. After the midnight of 16.1.1995, according to the prosecution, the accused persons, nineteen in number, who were members of an unlawful assembly, armed with deadly weapons, illegally trespassed into the house of Sakkeer and inflicted injuries on him and his father Abdul Rasheed. Sakkeer tried to escape, ran to the compound of Shajahan (PW19) and tried to hide somewhere there. The prosecution alleged that the accused chased Sakkeer and inflicted several injuries on him with deadly weapons. Sakkeer was taken to the hospital immediately. The doctor stated that he was brought dead.
2. The trial court found accused Nos.1 to 5, 7, 8 and 10 guilty of the offences under Section 302 and
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Neelalohithadasan Nadar v. State of Kerala (2005(1) KLT 481)
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Willie (William) Slaney v. State of Madhya Pradesh (AIR 1956 SC 116)
Shivanarayan Kabra v. State of Madras (AIR 1967 SC 986)
Kadiri Kunhahammad v. State of Madras (AIR 1960 SC 661)
Pulukuri Kottayya v. Emperor (AIR 1947 PC 67)
Pallippati Venkaiah v. State of A.P. (AIR 1985 SC 1715)
Bhargavan v. State of Kerala (AIR 2004 SC 1058)
Brahm Swaroop and another v. State of U.P. (AIR 2011 SC 280)
Kilakkatha Parambath Sasi and others v. State of Kerala (AIR 2011 SC 1064)
Gajoo v. State of Uttarakhand: (2012) 9 SCC 532
Dhanaj Singh v. State of Punjab (AIR 2004 SC 1920)
Paras Yadav and others v. State of Bihar (1999 (2) SCC 126)
Ram Bihari Yadav v. State of Bihar and others (1998 (4) SCC 517)
Amar Singh v. Balwinder Singh and others (2003 (2) SCC 518).
Abdul Sayeed and others v. State of Madhya Pradesh (2010 (10) SCC 259)
Shivanarayan Kabra v. State of Madras (AIR 1967 SC 986)
Kadiri Kunhahammad v. State of Madras (AIR 1960 SC 661)
State of A.P.v. Thakkidiram Reddy and others (AIR 1998 SC 2702)
Podda Narayana and Ors. v. State of Andhra Pradesh
Khujji v. State of Madhya Pradesh
George and Ors. v. State of Kerala and Anr.
Shaikh Ayub v. State of Maharashtra
Amar Singh v. Balwinder Singh and Ors.
Radha Mohan Singh alias Lal Sahab and Ors. v. State of Uttar Pradesh
Aqeel Ahmad v. State of Uttar Pradesh
Bhargavan v. State of Kerala : AIR 2004 SC 1058;
Masalti and others v. State of U.P.: AIR 1965 SC 202;
State of U.P. V. Dan Singh and others: (1997) 3 SCC 747.)
Karnel Singh v. State of M.P. (1995 (5) SCC 518).
Ramlagan Singh and Ors. v. State of Bihar
Malkhan Singh and Anr. v. State of Uttar Pradesh
Machhi Singh and Ors. v. State of Punjab
Appabhai and Anr. v. State of Gujarat
Bonkya alias Bharat Shivaji Mane and Ors. v. State of Maharashtra
Bhag Singh and Ors. (supra); Mohar and Anr. v. State of Uttar Pradesh
Dinesh Kumar v. State of Rajasthan
Vishnu and Ors. v. State of Rajasthan
Annareddy Sambasiva Reddy and Ors. v. State of Andhra Pradesh
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