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SOPHY THOMAS
Aji, S/o. Suku (A1) – Appellant
Versus
State Of Kerala, Represented By The C. I. Of Police – Respondent
JUDGMENT :
(Sophy Thomas, J.)
This appeal is at the instance of accused Nos.1, 2, 4 and 7 to 11 in SC No.550 of 2004 on the file of Additional District & Sessions Judge (Fast Track Court-I), Thiruvananthapuram challenging their conviction under Sections 143, 147, 148, 307, 452 and 326 r/w Section 149 of IPC and their sentence under Sections 307, 452 and 326 r/w Section 149 of IPC.
2. Prosecution case is that, on 01.09.1998 at about 6 a.m., accused Nos.1 to 12 formed themselves into an unlawful assembly, armed with deadly weapons like sword, chopper, iron rod etc. and trespassed into the house of PW1 in furtherance of their common object of doing away with PW1 and his two sons - PWs 2 and 3, and they inflicted serious cut injuries on vital parts of their body using sword, chopper etc. which was sufficient in the ordinary course of nature to cause death, unless treated properly.
3. A5, A6 and A12 were absconding and so case against them was split up.
4. On committal, A1 to A4 and A7 to A11 appeared before the trial court. Thereafter A3 passed away and hence charge against him abated.
5. Charge was framed against A1, A2, A4 and A7 to A11 under Sections 143, 147, 148, 452, 326, 307 r/w Sect
The court upheld the conviction of the accused for forming an unlawful assembly and inflicting grievous injuries, emphasizing the sufficiency of ocular evidence over recovery of weapons.
Conviction for murder upheld based on unlawful assembly doctrine; presence in assembly sufficient for accountability under Section 149 IPC.
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Section 149 of Indian Penal Code provides that if an offence is committed by any member of an unlawful assembly in prosecution of common object of that assembly every person who at time of committing....
Conviction based on unreliable eyewitness testimonies that lack independent corroboration cannot establish guilt beyond a reasonable doubt.
Criminal Law - Criminal Trial - Offence of Unlawful assembly and Murder - Appeal against conviction - There is no evidence of any dispute with deceased. Though the case of illicit relationship of PW-....
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