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2012 Supreme(Ker) 1021

PIUS C.KURIAKOSE, N.K.BALAKRISHNAN
Sivankutty Bomma – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

N.K. Balakrishnan, J.

1. Six accused persons faced trial for offences punishable under Sections 120B, 143, 147, 148, 458, 324, 326, 307, 302, 394 r/w 149 IPC and Sections 115 and 201 IPC and Section 27 of the Arms Act, 1959. After trial, the learned Sessions Judge(Fast Track Court-I), Thiruvananthapuram found accused Nos.2 to 5 guilty of the offences punishable under Sections 143, 147, 148, 449, 324, 326 and 302 r/w 149 IPC. A1 and A6 therein were acquitted by that court. The convicted accused, A2 to A5 have filed the appeals, Crl.A.Nos.206/10, 1913/06, 1400/06 and 1384/06. The State has preferred appeal, Crl.A.No.540/11 challenging the acquittal of A1 and A6.

2. The gist of the prosecution case: Deceased Rajamma and her son Vijayakumar (C.W.5) and his wife Rajeswary (P.W.4) and their daughters Padma (P.W.1) and Lovely (P.W.3) were residing in the house, C.V.Bhavan, bearing No.4/717 of Balaramapuram Panchayat. C.W.5 and P.W.4 had another daughter by name Meena who fell in love with A1 and later got married against the wishes of C.W.5 and P.W.4. Meena and her husband (A1) started residing in the eastern portion of the building, C.V.Bhavan without the consent of C.W.5 or P.W.1.















































































































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