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2024 Supreme(Online)(KER) 27808

HIGH COURT OF KERALA
P. B. Suresh Kumar, M.B. SNEHALATHA, JJ
SHAFEEK – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.RASHEED C.NOORANAD, SMT.ANITHA M.N. EKM, SRI.K.K.DHEERENDRAKRISHNAN, SRI.SHAJIN S.HAMEED, SMT.N.P.ASHA, SRI.S.RAJEEV, SRI.V.VINAY, SRI.D.FEROZE

JUDGEMENT

P.B.Suresh Kumar, J. These appeals arise from S.C. No.388 of 2012 on the files of the Court of the Additional Sessions Judge-III, Mavelikara. There were altogether four accused in the case. Among the appeals, Criminal Appeal No.304 of 2017 is preferred by the third accused, Criminal Appeal No.490 of 2017 is preferred by the second accused and Criminal Appeal No.665 of 2017 is preferred by the first accused. The fourth accused in the case was acquitted and the appellants stand convicted and sentenced for the offences punishable under Sections 341 and 302 read with Section 34 of the Indian Penal Code ( IPC ).

2. The victim in the case is one Baiju. He suffered a stab injury at about 11.15 p.m on 09.12.2010. Though he was taken initially to KCM Hospital, Nooranad and then to CM Hospital, Pandalam and thereafter to Pushpagiri Medical College Hospital, Thiruvalla, he succumbed to the stab injury on the way to Pushpagiri Medical College Hospital at about 1 a.m. on the following day. A case was registered in connection with the occurrence by Nooranad Police at 8 a.m. on 10.12.2010 based on the information furnished by Shyju, the younger brother of the deceased and the investigat

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