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2024 Supreme(Ker) 103

A. K. JAYASANKARAN NAMBIAR, KAUSER EDAPPAGATH
K. C. Ramachandran S/o. Kelappan – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.B.Raman Pillai (SR.), Sri.K.M.Ramadas, Sri.Arun Bose.D, Sri.K.Viswan, Sri.Jaison Joseph, Sri.P.N.Sukumaran, Sujesh Menon V.B., Sri.R.Anil, Sri.Thomas Abraham, Sri.Thomas Sabu Vadakekut, Sri.Mahesh Bhanu S., Sri.Ressil Lonan, Sri.P.Kumarankutty, SPP., Sri.Saphal.K., Assistant Spl. Public Prosecutor, BY Sri.S.Rajeev, Sri.K.K.Dheerendrakrishnan
For the Respondent: Sri.P.Kumarankutty, Special Public Prosecutor By Sri.Saphal.K., Assistant Spl. Public Prosecutor, Sri.P.Vijaya Bhanu, Sri.Arun Bose.D, Sri.Gilbert George Correya, Sri.K.Viswan, Sri.Abhijith M.A, Smt.Thanushree Damodaran, Sri.K.M.Ramadas

Table of Content
1. political rivalries led to allegations of conspiracy in a murder case. (Para 1 , 2 , 3 , 4 , 5)
2. maintainability of appeals against acquittal questioned. (Para 6 , 7)
3. evidence of conspiracy must show collective intention. (Para 9 , 10 , 11)
4. circumstantial evidence can substantiate claims of conspiracy. (Para 12 , 25)
5. murder conviction affirmed based on available evidence. (Para 36)

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

Democracy thrives on the peaceful exchange of ideas, not the violent imposition of beliefs. Political violence is the poison that corrodes the roots of democratic principles.

-Amartya Sen

On the morning of 05.05.2012, the people of Kerala woke up to the grim news of a gruesome political murder. T.P. Chandrasekharan, the leader of the Revolutionary Marxist Party (hereinafter referred to as 'RMP' for brevity), had been hacked to death the night before by a group of assassins. The wounds inflicted on him were so brutal and numerous that PW136 Dr.Sujith Sreenivas, the Assistant Professor and Assistant Police Surgeon at the Forensic Medicine department of the Kozhikode Medical College, who conducted the post-mortem examination, opined that it was i

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