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2024 Supreme(Ker) 1192

RAJA VIJAYARAGHAVAN V., JOBIN SEBASTIAN
RAJEESH @ MAKKU, S/O. RAJENDRAN – Appellant
Versus
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent


Advocates Appeared:
For the Appellants : SRI.P.VIJAYA BHANU (SR.), P.K.VARGHESE, SRI.AJEESH K.SASI, SRI.C.JAYAKIRAN, SMT.MITHA SUDHINDRAN, SMT.POOJA PANKAJ, SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.V.C.SARATH, SRI.VIPIN NARAYAN, M.T.SAMEER, P.S.ANISHAD, DHANESH V.MADHAVAN, JERRY MATHEW, BIJU KUMAR, SOJAN K. VARGHESE, REGHU SREEDHARAN, APARNA ANIL, RAMEEZ M. AZEEZ, NAMITHA K.S., SUDARSANAN U., ANU ASHOKAN, ATHUL P., DEEPA K. RADHAKRISHNAN, K.R.ARUN KRISHNAN, SRUTHY K.K.
For the Respondent: SRI. ALEX M THOMBRA, SENIOR PUBLIC PROSECUTOR, SMT. NEEMA T.V., SENIOR PUBLIC PROSECUTOR.

JUDGMENT :

(Jobin Sebastian, J.)

The accused Nos.1 to 5 in S.C.No.600 of 2016 on the file of Additional Sessions Court, Irinjalakuda has preferred this appeal assailing the finding of guilt, conviction, and sentence passed against them for offences punishable under Sections 143, 147, 148, 341, 323, 324, 307, 302 r/w. Section 149 of the IPC and Section 27(1) of Arms Act, 1959.

2. The facts of the case in brief are as follows:-

    a) The 2nd accused humiliated the wife of PW1 through teasing and indecent conduct, prompting PW1 to reprimand him. Enraged by the rebuke, on 25.12.2015, near the rental house of PW1, the accused formed themselves into an unlawful assembly, armed with deadly weapons, with the common object of murdering PW1 and his friends, who had gathered at PW1's house to celebrate Christmas.

    b) In furtherance of the common object of the assembly, the 3rd accused approached PW1 and suggested settling the dispute between him and the 2nd accused, inviting PW1 and his friends for a compromise talk. Trusting the words of the 3rd accused, PW1, accompanied by his friends Sreejith (CW2), Prasanth (CW3), Melwin, and Viswajith, proceeded to Nandhikkara-Mapranam Road for the talk. While t

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