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2024 Supreme(Ker) 818

A. K. JAYASANKARAN NAMBIAR, SYAM KUMAR V. M.
STATE OF KERALA – Appellant
Versus
ANILKUMAR @ JACKY S/O SIVATHANU PILLAI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.U. NAZAR.
For the Respondent: P. VIJAYA BHANU, MITHA SUDHINDRAN, V.C. SARATH, B. RAMAN PILLAI, R. ANIL, M. SUNILKUMAR.

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. These Criminal Appeals and DSR arise from the judgment of the Additional Sessions Judge -I, Thiruvananthapuram in Sessions Case No. 1121 of 2008. The trial court found A3 and A12 not guilty of the charges alleged against them, but found A1, A2, A5, A7, A8, A9 and A10 guilty of the offences punishable under Sections 120B, 143, 147, 148, 449, 323, 302, 294(b), 201, 364 read with Section 149 of the Indian Penal Code [hereinafter referred to as to 'IPC']. In connection with the offences punishable under Section 120B read with 302 IPC, A1 and A7 were sentenced to death, whereas A2, A5, A8, A9 and A10 were sentenced to life imprisonment. Separate sentences of imprisonment and fine were also imposed on all the above accused for the other offences they were convicted for. A4 turned approver, A6 died during the investigation of the case and A11 absconded.

The Prosecution Case:

2. Angered by the news that Santhosh Kumar @ Jet Santhosh was having an adulterous relationship with his wife A3 Usha, A5 Suresh Kumar @ Sura along with A3 Usha and A1 Anilkumar @ Jacky, who was also on inimical terms with Santhosh Kumar, entered into a criminal conspiracy to mu

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