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2024 Supreme(Ker) 464

P. B. SURESH KUMAR, M. B. SNEHALATHA
Pradeep @ Kannan S/o Balan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : R. Anil R., B. Raman Pillai, M. Sunilkumar, Sujesh Menon V.B., T. Anil Kumar, Thomas Abraham, Thomas Sabu Vadakekut, Mahesh Bhanu S., Ressil Lonan, P. Rahim, P.A. Joseph, Padmalayan P.P.
For the Respondent: E.C. Bineesh.

JUDGMENT :

M.B. SNEHALATHA, J.

1. In these two appeals filed under Section 374(2) of the Code of Criminal Procedure [for brevity ‘Cr.P.C.’] the appellants, who are accused Nos. 1 to 3 in SC No. 1017/2013 on the file of Additional Sessions Court, Irinjalakkuda, assail the impugned judgment whereby they were convicted and sentenced to suffer imprisonment for life and fine for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code [for brevity ‘IPC’].

2. Crl. Appeal No. 127/2017 is the appeal preferred by A1 and A2. Crl. Appeal No. 117/2017 is the appeal by A3. As both these appeals arise from the very same judgment, appeals are disposed of by this common judgment.

3. Prosecution case in brief is as follows:

    Victim in this case is one Jayaraj @ Rajesh @ Aliyan Rajesh. PW-18 Geetha is his wife and she is the sister of A1 Babu. There was marital discord between the victim and his wife and the victim was not looking after the affairs of his wife and children and on account of the same, A1 who is the brother of PW-18 had enmity towards the victim. Due to the said enmity, on 27.11.2011 at around 8.30 pm. while the victim along with his friends were consuming liq

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