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2015 Supreme(Ker) 726

V.K.MOHANAN, RAJA VIJAYARAGHAVAN V.
MEHABUL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. K.S. MADHUSOODANAN, SRI. T.V. JAYAKUMAR NAMBOODIRI, SRI. THUSHAR NIRMAL SARATHY, SRI. M.M. VINOD KUMAR, SRI. P.K. RAKESH KUMAR, SMT. M.A. RUXANA.
For the Respondent: SRI. TOME JOSE PADINJAREKKARA.

JUDGMENT

RAJA VIJAYARAGHAVAN, J.

1. The accused No. 1 is the appellant. He along with a co-worker, Hakku Bullu, were charged for offences under section 392, 376 (G), 302 & S 202 r/w S. 34 of the IPC and S.3 (2) and (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for having committed gang rape and murder and also for causing disappearance of evidence of "the deceased" (the name is withheld), a 22 year old female.

2. The learned Sessions Judge, Kollam, found that the case against the 2nd accused has not been proved by the prosecution but found the appellant guilty, and holding so, convicted and sentenced him to undergo rigorous imprisonment for life for the offence under section 302. He was also sentenced to undergo rigorous imprisonment for 10 years each under section 376 (2) (g) and under section 392 of the IPC. For the offence under section 201 of the IPC, he was sentenced to undergo rigorous imprisonment for a period of seven years. The accused challenges the finding, conviction and sentence in this appeal.

3. Skeletal facts and circumstances are narrated below :-

(i) The appellant, a native of West Bengal, along with the second accused and eight ot























































































































































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