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2014 Supreme(Ker) 228

K.T.SANKARAN, M.L.JOSEPH FRANCIS
Nabeesathu Sudheer @ Mondi Sudheer – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Suman Chakravarthy, Advocate.
For the Respondent: Tom Jose Padinjarekkara, Additional Director General of Prosecution.

Judgment :

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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