Ani, S/o. Subbayan – Appellant
Versus
State of Kerala, Rep. by The Prosecutor, High Court of Kerala – Respondent
JUDGMENT :
This is a classic case by which a casualty occurred because all connected criminal appeals were not posted together by the registry.
2. The Circle Inspector of Police, Thripunithura filed a charge sheet against eight accused alleging offences punishable under Sections 143, 144, 148, 341, 323, 324, 326, 307, 120B r/w. Section 149 of the Indian Penal Code (IPC) and under Section 27 of the Arms Act.
3. Accused Nos.1, 2, 4, 6, 7 and 8 faced trial in Sessions Case No.335 of 2000. The trial court convicted and sentenced accused Nos.1, 2, 4, 6 and 7 and acquitted the 8th accused. Accused Nos.1, 2, 4, 6 and 7 filed Criminal Appeal No.611 of 2004. Subsequently, accused Nos.3 and 5 faced trial in Sessions Case No.485 of 2004. When the trial, in that case, was about to conclude and when the case was posted for questioning the accused under Section 313 of the Code of Criminal Procedure (Cr.P.C.), the 3rd accused absconded. Therefore, the trial court again split the case of 3rd accused. Accused 5 was convicted and sentenced in S.C.No.485 of 2004. Subsequently, the 3rd accused surrendered before the trial court, and that case is separately numbered as S.C.No.145 of 2008. In that case, th
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