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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.V. Jayakumar, J, Raja Vijayaraghavan V
Anandu – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. appellants found guilty and sentenced. (Para 1 , 2) |
| 2. prosecution narrative and evidence collection. (Para 3 , 4 , 5 , 6 , 7) |
| 3. arguments regarding prosecution's failure to establish motive. (Para 10 , 11 , 12 , 13 , 14) |
| 4. evaluation of eyewitness credibility and evidence. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 5. confirmation of trial court's findings of guilt. (Para 79 , 80) |
JUDGMENT :
These criminal appeals are preferred impugning the judgment of the Additional Sessions Court-II, Kollam, in S.C.No. 955 of 2014. The appellant in Crl.A.No.92 of 2019 is the 1st accused. The appellants in Crl.A.No.15 of 2019 are accused Nos. 2, 4 and 5. The appellant in Crl.A.No.95 of 2019 is the 3rd accused. The appellants/accused Nos. 1 to 5 faced the trial before the Sessions Court, Kollam for the offences punishable under Sections 143 , 147, 148, 341, 323 & 302 r/w 149 of the Indian Penal Code .
Prosecution case
Registration of the crime and investigation
5. On 12.03.2010, PW18, Sri. S. Vijayan, Circle Inspector, took up the investigation. He conducted the inquest at about 8.30 a.m. and prepared Ext.P1, Inquest Report, in the presence of the witnesses. He seized four material objects du
Conviction for murder upheld based on unlawful assembly doctrine; presence in assembly sufficient for accountability under Section 149 IPC.
Presence in an unlawful assembly suffices for liability, affirming that minor discrepancies in testimonies do not negate the prosecution's case.
The court affirmed the conviction for murder based on the established common object of the unlawful assembly, supported by credible witness testimonies and medical evidence.
The court emphasized the necessity of direct evidence of participation in unlawful assembly and cautioned against assumptions of guilt based solely on group association.
(1) Murder – Evidence of eye-witness should be of very sterling quality and calibre and it should not only instil confidence in court to accept the same but it should also be a version of such nature....
Point of law : Object of the proceedings under Section 174 Cr.P.C. is merely to ascertain whether a person died under suspicious circumstances or met with an unnatural death and, if so, what was its ....
The prosecution must establish a common object for unlawful assembly under Section 149 IPC; absence of motive and specific allegations can lead to acquittal.
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