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2024 Supreme(Ker) 247

P. B. SURESH KUMAR, JOHNSON JOHN
Binu @ Kari Binu – Appellant
Versus
State of Kerala Rep. By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.T.M.Abdul Latheef, Suman Chakravarthy, Babu S. Nair, Priyada R Menon, Smitha Babu, P.A.Rajesh, Shamseera. C.Ashraf, Amjath A.R, Sri. M.P.Madhavankutty, Sri. Shajin S.Hameed, Smt. K. Remiya Ramachandran
For the Respondent: Sri. E.C. Bineesh, Public Prosecutor, Addl. Director General Of Prosecution, Adv.

JUDGMENT :

Johnson John, J.

The appellants are accused Nos. 1 to 8 in S.C. No. 901 of 2016 on the file of the Additional District and Sessions Judge-VI, Thiruvananthapuram and accused Nos. 1 to 4 are challenging the conviction and sentence imposed on them for the offences punishable under Sections 120B, 302, 341, 326 r/w Section 34 IPC and accused Nos. 5 to 8 are challenging the conviction and sentence imposed on them under Section 120B IPC. Crl. Appeal No. 895 of 2018 is filed by accused Nos. 1, 2 and 4. Crl. Appeal No. 1009 of 2018 is filed by accused No. 3. Crl. Appeal No. 677 of 2018 is filed by accused No. 5 and Crl. Appeal No. 1500 of 2018 is filed by accused Nos. 6 to 8.

2. The prosecution case is that the accused persons and the deceased were members of rival gangs operating in Thiruvananthapuram and that the deceased and others attacked accused Nos. 2 and 3 in this case and that resulted in the registration of Crime No. 1271 of 2014 of Pettah Police Station and because of the gang rivalry and previous enmity, accused Nos. 1 to 9 entered into a criminal conspiracy to murder the deceased Sunil Babu and in furtherance of their common intention, accused Nos. 1 to 4 travelled in t

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