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2022 Supreme(Ker) 998

K. BABU
S. Sivadas – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.V.S.VINEETH KUMAR, SRI.R.T.PRADEEP, SRI.V.VIJULAL
For the Respondent: SRI.RAJESH.A

JUDGMENT :

These appeals arise from the judgment dated 30.06.2007 in C.C.No.26/2002 passed by the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The appellant in Crl.Appeal No.1276/2007 is accused No.1. Accused No.2 is the appellant in Crl.Appeal No.1363/2007. Crl.Appeal No.1308/2007 has been filed by accused No.3. The three accused face charges under Section 13(2) r/w Section 13(1)(d) of the PC Act, 1988 and Sections 409, 477-A and 420 r/w Section 120 B of the Indian Penal Code.

2. The trial Court convicted accused Nos.1 to 3 for the offences alleged and sentenced accused No.1 to undergo rigorous imprisonment for a term of two years and accused Nos. 2 and 3 to undergo rigorous imprisonment for a term of one year each.

3. During the pendency of these appeals, accused No. 2 died. The near relatives of accused No.2 filed Crl. M.A. No.6811/2015 seeking permission to prosecute the appeal. As per the order dated 01.07.2020, this Court allowed Crl. M.A. No.6811/2015 and the legal heirs of accused No.2 were permitted to prosecute the appeal. They were also impleaded as additional appellants 2 to 4 in Crl Appeal No.1363/2007.

4. The prosecution case, as described by the trial Cour

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