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2024 Supreme(Ker) 835

RAJA VIJAYARAGHAVAN V, G. GIRISH
Rajesh @ Sunil, S/O. Raghavan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SOJAN MICHEAL SRI.V.S.BOBAN, SMT.JENCY MICHEAL, SRI.ALAN PAPALI, SRI.ANTONY ROBERT DIAS, SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S., KUM.NIHARIKA HEMA RAJ SRI.SOJAN MICHEAL, SRI.J.VIMAL, SRI.O.V.MANIPRASAD SRI.JOSE ANTONY
For the Respondent: SRI. ALEX M.THOMBRA, SENIOR PUBLIC PROSECUTOR.

JUDGMENT :

Raja Vijayaraghavan, J.

These appeals have been preferred by the appellants, who are the accused in S.C.No. 648 of 2012 on the file of the Additional Sessions Court-II, Alappuzha. They have been found guilty by the learned Sessions Judge for the offence under Sections 302 r/w. Section 34 of the INDIAN PENAL CODE , Section 120B of the IPC, and Section 201 r/w. Section 34 of the INDIAN PENAL CODE and have been sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/- each and in default to undergo rigorous imprisonment for 6 months each under Section 302 r/w. Section 34 of the IPC and Section 120B of the IPC. They have also been sentenced to imprisonment for a period of six years each and to pay a fine of Rs.10,000/- each and in default to undergo rigorous imprisonment for 3 months each for the offence under Section 201 r/w. Section 34 of the IPC.

2. Chronology of the events:

a) A young man by name Sreekanth @ Akku was found lying in a prone position on the sleepers parallel to the railway line at a place on the northern side of Pathiyoorkkala by Sasimohanan Pillai (PW1) at 7.30 a.m. on 8.6.2007. A white underwear and a red T-shirt were found on the body. The

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