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2014 Supreme(Ker) 230

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


Advocate Appeared:
For the Appellants:B. Raman Pillai, Sr. Advocate, R. Anil, Anil K. Mohammed, V.B. Sujesh Menon, Joseph P. Alex, Shyam Aravind, T. Anil Kumar, Advocates.
For the Respondent: Roy Thomas, Public Prosecutor.

Judgment :

Kemal Pasha, J.

1. The accused in S.C. No.4 of 2006 of the I Additional Sessions Court, Ernakulam, who stand convicted under Sections 323, 324, 341 and 302 IPC and sentenced to undergo imprisonment for one month each under Section 323 IPC, imprisonment for three months each under Section 324 IPC, imprisonment for 15 days each under Section 341 IPC; and imprisonment for life and to pay a fine of 25,000/-each, in default, imprisonment for three more months each under Section 302 IPC, have come up in appeal.

2. The case centres around the untimely death of an young man aged 22, named Azeez @ Azi. It is alleged that there were some disputes regarding the use of a portion of the courtyard of the deceased, by the accused for taking motorbikes to their house. The house of the deceased is situated in a rocky area and there is a huge flat rock in the nearest vicinity of the house of the deceased as well as A1 to A3, namely Pookkarappara. It is alleged that at the time of the marriage of PW12, who is the sister of A1 to A3, permission was sought for by A1 to A3 from the deceased to enable them to take vehicles to their house through the courtyard of the house of the deceased. Even





























































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