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2024 Supreme(Online)(Ker) 83685

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. B. Suresh Kumar, C. PRATHEEP KUMAR, JJ
AHAMMED KABEER – Appellant
Versus
THE SUB INSPECTOR OF POLICE – Respondent


Advocates:
SRI.B.RAMAN PILLAI (SR.), SRI.R.ANIL, SRI.M.SUNILKUMAR, SRI.SUJESH MENON V.B., SRI.T.ANIL KUMAR, SRI.THOMAS ABRAHAM (NILACKAPPILLIL), SRI.E.VIJIN KARTHIK, SRI.THOMAS SABU VADAKEKUT, SRI.T.ASAFALI, SMT.LALIZA.T.Y., SRI. S.V.NAZER

JUDGMENT

P.B.Suresh Kumar, J.

The above appeals arise from S.C.No.76 of 2014 on the files of the Additional Sessions Judge – II, Manjeri. There were three accused in the case and among them, the second accused died pending trial and the third accused was acquitted. The first accused who stands convicted and sentenced for the offences punishable under Sections 307 and 302 of the Indian Penal Code ( IPC ) preferred Crl.A.No.658 of 2017 and one of the victims in the crime preferred Crl.A.(V) No.761 of 2017.

2. One Muhammed Ayyoob died and his brother Abdul Khader sustained injuries in an occurrence that took place in their family house at about 3.45 p.m. on 26.02.2011. The first accused is none other than the brother of the victims. The third accused is their mother. The second accused is the brother of the father of the victims and the first accused. Difference of opinion arose between the victims on one side and their parents on the other side when they were living together in the family house. Consequently, the victims left the family house and started living separately. When the victims left the family house and started living separately, their father executed a document in respect

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