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2020 Supreme(Online)(KER) 18429

SUDHEER @ THADI SUDHEER – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

2. Prosecution case can be summarized as follows :

3. In connection with a dispute in Abkari business between the deceased John Bosco @ Sunny (hereafter referred as deceased) and one Sreekumar, on 20.1.2005, they amputated the right hand of CW12, Lalachan. Thereafter Sunny and Kumar absconded. Fearing the deceased and Kumar accused Nos.1 to 3 left the place. While so,as pointed out by the sixth accused, the deceased and Sreekumar were booked by the police in connection with unauthorised sale of spirit. Enraged by that, the deceased Sunny and Sreekumar attacked the 6 th accused. Thereafter Sreekumar was got confined under KAPPA and in his absence accused Nos.1 to 3 returned to the place. Out of enmity towards the deceased on 18.11.2007 at 3.45 pm accused Nos.1 to 7 formed themselves into an unlawful assembly, armed themselves with lethal weapons, rioted and in prosecution of the common object of the assembly trespassed into his house and struck him with deadly weapons and inflicted fatal injuries.

4. Immediately after the incident, deceased was taken to Medical College hospital, Alappu

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