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2024 Supreme(Ker) 736

RAJA VIJAYARAGHAVAN V., G. GIRISH
Sibu @ Thumpi, S/O Purushan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : VIVEK NAIR P, C.UNNIKRISHNAN (KOLLAM)(K/864/1994), UTHARA A.S(K/514/2019), ANANDA PADMANABHAN(K/597/2017), VIJAYKRISHNAN S. MENON(K/001627/2019), MAHESH CHANDRAN(K001557/2019), ADV SRI.T.U.SUJITH KUMAR, SRI.RENJITH B.MARAR, SMT.LAKSHMI.N.KAIMAL, K.K.DHEERENDRAKRISHNAN, N.P.ASHA(K/1605/2003)
For the Respondent: ALEX M THOMBRA, SR PP

JUDGMENT :

G.Girish, J.

The judgment dated 03.08.2019 of the Court of Additional Sessions Judge-III, Alappuzha in S.C.No.601/2016 convicting and sentencing accused Nos.1 to 5 for the offences under Sections 143, 147, 148, 149, 120(B) and 302 of the Indian Penal Code, is under challenge in these appeals filed by the aforesaid accused.

2. Two youths by name Johnson and Justin, while they were travelling in the motorcycle with Reg.No.KL-32 D-9428, with Justin riding the vehicle and Johnson in the pillion seat, from South to North through Thykkal-Andhakaranazhi coastal road, were hit by a lorry with Reg.No.KL-02 AN 5563, from behind at about 6:15 p.m on 13.11.2015, near St.Peter’s bus stop at the place called Chanthakkadavu, resulting in the fall of the above persons to the road and suffering fatal injuries. The offending lorry sped away towards the North without stopping. Though the above victims were taken to Taluk Headquarters Hospital, Cherthala shortly after the incident, they were declared dead by the Medical Officer who attended them.

3. PW1, the brother of deceased Johnson, was informed about the incident by a person by name Kunjumon at about 6:30 p.m on the same day. He immediatel

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