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1989 Supreme(Ker) 529

S.PADMANABHAN, P.K.SHAMSUDDIN
Reveendran – Appellant
Versus
State – Respondent


JUDGMENT

S. Padmanabhan and P.K. Shamsuddin, JJ.

1. Criminal Appeal No. 50 of 1985 is by accused 2, 3 and 4 against their conviction and sentence. In Crl. R. P. No. 61 of 1985, accused 1 and 5 also challenge their conviction and sentence. Criminal Appeal No. 213 of 1985 is by the State against the acquittal of accused 1, 2, 4 and 5 for the offences under S.143, 147, 148 and 302 read with S.149 of the Indian Penal Code.

2. Accused 1 to 3 are direct brothers. PW 19 is their direct sister. PW 20 is her husband. He is a Head Constable. PW 5 Kuttan is the brother of their father. Accused 4 and 5 are the sons of the first accused. PW 1 and deceased Suresh Kumar alias Boban are the sons of PW 19 and 20. PWs 4 and 11 are the sons of PW 5. PW 15 is the wife of the third accused and PW 16 is the wife of PW 5. The parties are thus close relations. They are neighbours also.

3. Third accused had a dispute with PWs 9 and 20 over a pathway Litigations were also there. Though litigations ended, enmity continued. On 21-12-1980 PW 11 was bitten by the dog of third accused and PW 15. PWs 15 and 16 quarrelled over it. Deceased came and joined the quarrel and gave a slap to PW 15. Next morning, PW 5 was be

























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