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2018 Supreme(Ker) 1513

A.M.SHAFFIQUE, P.SOMARAJAN
Sajan S/o Paramu – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri. P.S. Sreedharan Pillai, Sri. C.V. Manuvilsan, Sri. M. Sunilkumar, Smt. K. Vidya, Sri. Arjun Sreedhar, Sri. Arun Krishna Dhan, Sri. B. Raman Pillai (Sr.), Sri. Joseph George(Mullakkariyil), Sri. Manu Tom, Sri. R. Anil, Sri. Renjith B. Marar, Sri. Sujesh Menon V.B., Sri. T. Anil Kumar, Sri. Thomas Abraham (Nilackappillil), Sri. T. K.Sandeep
For the Respondent: Sr. Public Prosecutor Sri. S.U. Nazar

JUDGMENT :

Shaffique, J.

This appeal has been filed by accused nos. 1, 2 and 4 to 8 challenging the judgment of the First Additional Sessions Judge, Kollam in S.C. No. 56 of 2007 by which all of them were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) each and in default to undergo simple imprisonment for one year each under Section 302 of the Indian Penal Code, 1860 ( for short, 'IPC'), also to undergo rigorous imprisonment for five years with fine of Rs.2,000/- (Rupees Two Thousand only) each and in default to undergo simple imprisonment for two months each under Section 307 of IPC, further sentenced to undergo rigorous imprisonment for a period of three months each under Section 143 of IPC, again to undergo rigorous imprisonment for a period of six months each under Section 147 of IPC and also to undergo rigorous imprisonment for one year each under Section 148 of the IPC.

2. The case of the prosecution is that on 28.01.2002, accused nos. 1 to 9, in furtherance of their common object for rioting, formed an unlawful assembly with dangerous weapons, at the courtyard of the house of eighth accused, with the intentio








































































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