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2025 Supreme(Online)(KER) 3053

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, P. V. BALAKRISHNAN, JJ
AJAYAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.RENJITH B.MARAR, SMT.LAKSHMI.N.KAIMAL, SRI.V.KRISHNADAS (K-541), SMT.SINDHU K.S., SRI.VIMAL VIJAY, P.K.VARGHESE, NAMITHA K.S.(K/2262/2022), DEVIKA K.R.(K/3339/2023), CHIPPY AMBUDAS(K/004044/2023), LLOYD JOHN(K/1875/2021)

COMMON JUDGMENT

P.V.BALAKRISHNAN, J

Crl.Appeal No.1092 of 2018 is filed by the first accused, Crl.Appeal No.1217 of 2018 is filed by the second accused and Crl.Appeal No.406 of 2018 is filed by the third accused challenging their conviction and sentence imposed under Section 302 r/w Section 34 IPC by the Sessions Court, Kollam in SC No.327 of 2011.

Prosecution Case

2. On 8/7/2010 at about 9.30 pm, the accused three in number in furtherance of their common intention, at a place near Nettayam junction, attacked deceased Anoop with dangerous weapons such as a machine saw chain and sword and inflicted serious injuries upon him. The first accused, by using the sharp- edged portion of the machine saw chain, hit the deceased on his head, face, and back, and the second accused inflicted stab injuries on the left and right side of his chest and abdomen thereby, causing serious injuries. At that time, the third accused stamped Anoop and slapped him on his body. Later, while undergoing treatment in the Medical College hospital, Anoop succumbed to his injuries on 9/7/2010 at about 4.25 am. Hence, the prosecution alleges that the accused have committed an offence punishable under Section

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