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2021 Supreme(Ker) 726

GOPINATH P.
Manu G. Rajan, S/o. Gopi Rajan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.S.Rajeev, Sri.Nandagopal S.Kurup, Sri.K.K.Dheerendrakrishnan, Sri.V.Vinay, Sri.D.Feroze, Sri.K.Anand, Adv.
For the Respondent: Sri. Renjit George, adv

JUDGMENT :

This appeal has been filed by the appellants who are accused Nos.1 and 2 in S.C. No.436/2003 on the file of the Additional District and Sessions Judge, Fast Track Court-I, Thiruvananthapuram, challenging their conviction and sentence in a prosecution for the offences punishable under Sections 143, 147, 148, 324, 448 & 427 r/w Section 149 of the Indian Penal Code, 1860 (IPC) and Section 3 of the Explosive Substances Act, 1908. Both the appellants/accused 1 & 2 were convicted and sentenced under Sections 143, 147, 148, 324 r/w. Section 149 of the Indian Penal Code while the 1st appellant/1st accused alone was convicted and sentenced under Section 3 of the Explosive Substances Act, 1908. Both the appellants/accused 1 & 2 were acquitted of the offences punishable under Section 448 and 427 IPC. Accused Nos. 3, 4 & 5 were acquitted of all the charges.

2. The gist of the prosecution case is that, on 11.02.1999, the appellants/accused Nos.1 and 2 together with three others formed themselves into an unlawful assembly and attacked PWs 1, 7 and 8, inside the compound of the MG College, Thiruvananthapuram, with deadly weapons like swords and iron bars and explosive substances like cra

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