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2019 Supreme(Ker) 356

A.M.SHAFFIQUE, N.ANIL KUMAR
Pachappan @ Aruchami T. S/o Thayyan, Kunnamkadu Veedu – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.P.VIJAYA BHANU, SRI.M.REVIKRISHNAN, SRI.VIPIN NARAYAN, Adv.
For the Respondent: SRI.S.U.NAZAR, Adv.

JUDGMENT :

Shaffique, J.

The appeal under consideration is preferred by appellants who are four in number. They were charged for offences under Sections 341 and 302 of the Indian Penal Code, 1860 (for short 'IPC') by the Court of Additional Sessions Judge (Adhoc – III) [Fast Track Court No. III], Palakkad and found guilty for offence under Section 302 of I.P.C. and all the accused/appellants were individually sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000/-(Rupees One Lakh only) vide judgment dated 27/06/2013 in S.C. No.136 of 2010 arising out of Crime No.106 of 2008 of Malampuzha Police Station. The fine amount if realized was directed to be paid to the wife or children of the deceased with equal right over the same.

2. Prosecution case is as follows: The deceased Aruchami was the Mandalam Kunnamkadu ward President of Bharatheeya Janatha Party (for short 'BJP'). The accused/appellants were followers of Communist Party of India (Marxist) [for short 'CPI(M)]. Due to political enmity, accused nos. 1 to 4 in furtherance of their common intention to kill Aruchami, wrongfully restrained him at 08.30 p.m. on 20/07/2008 while he was conversing with PW2 and PW3 in





















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