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HIGH COURT OF KERALA
SOPHY THOMAS, J
AJI, S/O. SUKU (A1), PUTHUVAL PURAYIDOM, TC 34/164, RAJEEV NAGAR, WIRELESS COLONY, KARIKKAKOM MURI, KADAKAMPALLY VILLAGE | SURESH @ MONDI SURESH (A2) | BIJU, S/O. RETHINAM (A4) | PEERU, S/O. SHAMSUDEEN (A7) | AJEEM, S/O. BASHEER (A8) | JOY, S/O. JOSY (A9) | JAYAN, S/O. PEETHAMBARAN (A10) | EDISON MIRANDA, S/O. TONY (A11) – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE C.I. OF POLICE, POONTHURA – Respondent
| Table of Content |
|---|
| 1. premeditated attack by an unlawful assembly. (Para 1 , 2 , 10 , 12) |
| 2. arguments on the credibility of eyewitnesses and evidence. (Para 11 , 24) |
| 3. legal principles governing unlawful assembly and witness credibility. (Para 18 , 19 , 22 , 26) |
| 4. court's reasoning on liability and premeditation. (Para 20 , 21) |
| 5. final decision on the appeal. (Para 27) |
J U D G M E N T
This appeal is at the instance of accused Nos.1, 2, 4 and 7 to 11 in SC No.550 of 2004 on the file of Additional District & Sessions Judge (Fast Track Court-I), Thiruvananthapuram challenging their conviction under Sections 143 , 147, 148, 307 , 452 and 326 r/w Section 149 of IPC and their sentence under Sections 307 , 452 and 326 r/w of .
2. Prosecution case is that, on 01.09.1998 at about 6 a.m, accused Nos.1 to 12 formed themselves into an unlawful assembly, armed with deadly weapons like sword, chopper, iron rod etc. and trespassed into the house of PW1 in furtherance of their common object of doing away with PW1 and his two sons - PWs 2 and 3, and they inflicted serious cut injuries on vital parts of their body using sword, chopper etc. which was sufficient in the ordinary course of nature to cau
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