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2023 Supreme(Ker) 579

P. B. SURESH KUMAR, C. S. SUDHA
Komishan Bag, S/o. Thoyilo Bag – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : VISHNUPRASAD NAIR
For the Respondent: SRI. E.C.BINEESH

JUDGMENT :

P.B.Suresh Kumar, J.

Accused 1 and 2 in S.C.No.12 of 2013 on the files of the Additional District and Sessions Court-III, Palakkad are the appellants in this appeal. The appellants stand convicted and sentenced for the offences punishable under Sections 120B, 302, 397 and 201 read with Section 34 of the Indian Penal Code (IPC).

2. On 16.06.2012, at about 9 a.m., body of a male was found lying on the banks of Bharathapuzha at Pattambi by one Riyasudheen. A crime was registered by Thrithala Police on the basis of the information furnished by Riyasudheen under Section 174 of the Code of Criminal Procedure (the Code). In the autopsy of the body conducted thereafter, it was revealed that the body is that of the victim of a homicide. Consequently, a report was filed by the police to the jurisdictional Magistrate to convert the case as one under Section 302 IPC. In the investigation conducted thereupon, it was revealed that the body is that of one Vikram Naik, a native of Orissa, and that the accused who are also natives of Orissa and working in a crusher unit namely Shalimar Granites near Shornur, caused the death Vikram Naik and robbed him in furtherance of a conspiracy. A final

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