K.T.SANKARAN, BHASKARAN PILLAI SUDHEENDRA KUMAR
Ahraf – Appellant
Versus
State of Kerala – Respondent
Bhaskaran Pillai Sudheendra Kumar, J.
1. The appellants are the accused in S.C. No. 86 of 2009 on the files of the Sessions Court, Manjeri, who in this appeal challenges the judgment of conviction and sentence passed by the court below under Sections 302, 323 and 341 read with Section 34 of the Indian Penal Code. The court below sentenced each of the appellants to imprisonment for life and a fine of Rs. 10,000/- each with a default clause for rigorous imprisonment for one year each under Section 302 read with Section 34 IPC, rigorous imprisonment for three months each under Section 323 read with Section 34 IPC and a fine of Rs. 500/- each with a default clause for simple imprisonment for one week each under Section 341 read with Section 34 IPC. There was dispute between the appellants and the deceased Ibrahim with regard to the payment of rent in respect of the building where the appellants were residing. The said building and other tenanted buildings of the deceased are called quarters. On 17.9.2002 at about 6.30 p.m., the deceased Ibrahim went to the quarters of the appellants to collect the rent. On the way, the deceased met the appellants. The deceased demanded rent from
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