STATE OF KERALA vs ISMAIL AGED 28 YEARS, S/O. ABOOBACKER @ POCKER

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(Ker) 88636

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. B. Suresh Kumar, C. PRATHEEP KUMAR, JJ
STATE OF KERALA – Appellant
Versus
ISMAIL AGED 28 YEARS, S/O. ABOOBACKER @ POCKER – Respondent

Advocates:
For the Appellants/Petitioners: S.U.NAZAR, K.VISWAN, D.ARUN BOSE
For the Respondents: MUHAMMED SHAFI .M, MARTIN JOSE P

Table of Content
1. overview of case background and accused details. (Para 1 , 2 , 3)
2. arguments on the grounds for appeal and the prosecution's case. (Para 4 , 5 , 49 , 50)
3. evidence presented by witnesses for the prosecution. (Para 6 , 8 , 9 , 10 , 11 , 12 , 41)
4. determining the guilt and legal ramifications for defendants. (Para 64 , 65)

JUDGMENT

P.B.Suresh Kumar, J.

These appeals arise from S.C.Nos.609 of 2015 and 1234 of 2015 on the files of the Court of the Special Additional Sessions Judge (Marad Cases), Kozhikode. The cases were tried together as they were registered in respect of the same occurrence. There were altogether 17 accused, and the trial court acquitted all of them. Crl.Appeal.No.988 of 2016 is preferred by the State challenging the acquittal of the accused. The remaining appeals are preferred by the victims, of which Crl.Appeal (v) No. 62 of 2017 is by the father of Shibin who succumbed to the injuries sustained in the occurrence and Crl.Appeal (v) No.107 of 2017 is preferred by some among the persons who sustained injuries in the occurrence.

2. The occurrence took place on 22.01.2015. Apart from the accused, one Muhammed Aseeb, a juvenile in conflict with law, he