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2023 Supreme(Online)(KER) 23147

HIGH COURT OF KERALA
P. B. Suresh Kumar, C.S. Sudha, JJ
RAKHAVENDERA@ RAKHAVA @ RAGU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
RENJITH B.MARAR, LAKSHMI.N.KAIMAL, ARUN POOMULLI, BIJU VIGNESWAR, MEERA M.SURABHI, SANTHOSH, P.MOHAMED SABAH, SMT.SAIPOOJA, SHRI.SUMESH A.R., SMT.AMBIKA DEVI S., SPL.PP, ATROCITIES AGAINST WOMEN & CHILDREN & WELFARE OF W & C

J U D G M E N T

C.S.Sudha, J.

These appeals under Section 374(2) Cr.P.C. have been filed by the accused, three in number in S.C.No.355/2015 on the file of the Court of Session, Thodupuzha, through the Superintendent, Central Prison and Correctional Home, Viyyur, Thrissur under Section 383 Cr.P.C. challenging the conviction and sentence passed against them for the offences punishable under Sections 449, 302, 392, 201 r/w 34 IPC.

2. The prosecution case is as follows- the father of PW1, Kunjumuhammed was conducting a lodging business in the name and style 'Rajadhani Tourist Home' at Adimali. Kunjumuhammed, his wife Ayisha, and her mother Nachy were residing on the first floor of the tourist home, which had three floors excluding the ground floor. The tourist home was being conducted on the first, second and the third floors. The ground floor consisted of shop rooms.

2.1. The accused, three in number, with the intention of committing robbery and murder, on 09/02/2015 and on days before that, criminally conspired together to carry out their plan. Pursuant to the conspiracy, the first accused (A1) on 08/01/2015 and on other days came to the tourist home and checked himself into room no.302

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