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2024 Supreme(Ker) 888

RAJA VIJAYARAGHAVAN V., G. GIRISH
CHANDRA BABU @ BABU S/O DIVAKARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : C. PRATHAPACHANDRAN PILLAI, N. ANAS, R. SURAJ KUMAR, V.K. UNNIKRISHNAN KOLLAM.
For the Respondent: NEEMA T.V.

JUDGMENT :

1. The above appeals have been preferred by the accused in S.C.No. 37 of 2013 on the file of the Additional Sessions Judge-III, Kollam. Crl.A.No. 489 of 2017 has been filed by the 2nd accused and Crl.A.No. 381 of 2017 has been preferred by accused Nos. 1 and 3 in the above case. In the above case, the appellants were charged for having committed offences punishable under Sections 324, 341, and 302 r/w. Section 34 of the IPC. Though in the final report, four persons were arrayed as accused, in the course of proceedings, the 4th accused passed away and the case against him stood abated.

2. Prosecution version:

    (a) The deceased, Shafi, was the brother of PW1, Ashraf. Ashraf operated a bakery at Thannickal Mukku, while the deceased was an auto driver. The 1st accused, Kunjumon, ran a shop at Vettiyil Mukku and also owned a Jeep. The 2nd accused is his brother. A week before, on 10.06.2010, an incident occurred involving the Jeep driven by the 1st accused and the Sumo vehicle owned by PW1. The prosecution alleges that the Jeep collided with the Sumo, causing damage. Immediately following the incident at Thannickal Mukku, there was a wordy altercation between the 1st accused and

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