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2017 Supreme(Ker) 948

A.M.SHAFFIQUE, P.SOMARAJAN
Madhu – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anandan Pillai (State Brief)
For the Respondents: S.U. Nazar

JUDGMENT :

Somarajan, J.

1. These are the two appeals preferred against the conviction and sentence imposed by judgment dated 12.12.2012 in S.C.No.842 of 2007 of the Additional Sessions Judge (Adhoc II), Kasaragod. Crl.A.No.533 of 2013 is preferred by accused No.2 and Crl.A.No.506 of 2015 by accused No.1. They were charged under Sections 341 and 302 read with Section 34 of the Indian Penal Code.

2. The prosecution case is that the accused persons, in search of a job, came to Kasaragod District from the southern district of Kerala about one month prior to the alleged incident. On 30.8.2002 at about 8 p.m., accused No.1 came to the house of PW8 one Janaki while she was alone in that house and sat on the front veranda of the house. On seeing this, the deceased Babu and one Viswanathan interfered and asked him to leave the place. In order to wreak vengeance, on the next day by 7 p.m., accused Nos.1 and 2 restrained the deceased Babu and beat on his head with a wooden stick. On hearing the screaming, PW1 and PW2 rushed to the place and removed the injured to the Government Hospital, Kasaragod and then to Mangalore Hospital and while undergoing treatment, he succumbed to the injuries at 00.
























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