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2019 Supreme(Ker) 686

A.M.SHAFFIQUE, N.ANIL KUMAR
Abdurahiman @ Cheriyappu S/o Unnipokku – Appellant
Versus
State of Kerala Rep. by its Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P. Vijaya Bhanu, Sri. M. Revikrishnan, Sri. Vipin Narayan, Sri. R. Anil, Sri. B. Raman Pillai, Sri. M. Sunilkumar.
For the Respondent: Sri. Alex M. Thombra.

JUDGMENT :

N. ANIL KUMAR, J.

1. By judgment dated 8.10.2014, the Special Additional Sessions Judge (Marad Cases), Kozhikode in S.C. No. 210/2012 convicted and sentenced the accused Nos. 1, 3, 5, 6, 8, 9, 10 and 11 for the offences punishable under Sections 143, 147, 148, 353 and 302 read with 149 of the Indian Penal Code (for short ‘IPC’) and accused Nos. 4, 5, 6, 8, 9, 10 and 11 for the offences punishable under Section 302 read with 120B IPC. Accused Nos. 2, 7, 12, 13 and 14 were found not guilty and were acquitted under Section 235(1) of the Code of Criminal Procedure (for short Cr.P.C.)

2. Challenging the conviction and sentence, accused Nos. 1, 3, 4, 5, 6, 8, 9, 10 and 11 filed Crl. A. No. 1156/2014 before this Court. At the same time, PW-8 in S.C. No. 210/2012, who is none other than the father of deceased Shaheed Bava, filed Crl. A. (V) No. 521/2015 against the order of acquittal passed against accused Nos. 2, 7, 12, 13 and 14 and also for enhancement of the sentence awarded to the other accused. Respondents in this appeal are the accused 1 to 14 and the State respectively.

3. The prosecution case, in brief, is herein-below:-

The deceased Shaheed Bava is a native of Cheruvadi and

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