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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, J., JOBIN SEBASTIAN, J.
Anneri Vipin, S/o. Pavithran – Appellant
Versus
The State Of Kerala – Respondent
JUDGMENT :
Jobin Sebastian, J.
[CRL.A Nos.685/2018, 722/2018, 740/2018, 775/2018, 790/2018]
Criminal Appeal Nos. 685/2018, 722/2018, 740/2018, 775/2018, and790/2018 arose out of the judgment of conviction and order of sentence passed in S.C. No.421/2009 on the file of Sessions Court, Thalassery, whereby the accused Nos. 2 to 11 were found guilty of the offences punishable under Sections 143, 341, 307, 302 r/w 149 of Indian Penal Code. Apart from the above-said offences, accused Nos. 2, 3 & 11 were found guilty of offence punishable under Section 147 r/w 149 of the Indian Penal Code, and accused Nos. 4 to 10 were found guilty of offence punishable under Section 148 r/w 149 of Indian Penal Code and they were convicted and sentenced for the said offences as well.
2. Altogether ten accused faced trial in this case. The case against the 1st accused was abated as he died after the commitment of the case to the Sessions Division. Out of the five appeals mentioned above, Criminal Appeal No. 685 of 2018 has been preferred by the 8th accused, Criminal Appeal No. 722 of 2018 has been preferred by the 4th and 10th accused, Criminal Appeal No. 740 of 2018 has been preferred by 9th accused, Criminal
The testimony of an injured witness is highly reliable and can form the basis for conviction, especially when corroborated by other eyewitnesses and medical evidence.
The testimony of relatives is not inherently suspect and can be reliable if corroborated by evidence, while conspiracy requires proof of prior agreement, which was lacking in this case.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
The court confirmed that shared intent among an unlawful assembly to commit harm is sufficient for establishing guilt under relevant IPC sections, outweighing political affiliations of witnesses or a....
The evidential weight of injured witnesses' testimony is paramount in establishing guilt, with due consideration given to the context and circumstances of the incident.
The court affirmed that related witnesses' testimony is admissible if credible, and chance witnesses' accounts require careful scrutiny but can also support a conviction.
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
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