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2022 Supreme(Online)(KER) 9878

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
BABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners:SRI.V.JOHN SEBASTIAN RALPH, SMT.P.V.DENCY, SRI.K.J.JOSEPH, SRI.V.JOHN THOMAS, SRI.P.A.MARTIN ROY, SMT.PREETHY KARUNAKARAN, SRI.IEANS.C.CHAMAKKALA, SRI.G.SREEKUMAR (CHELUR), S.RAJEEV, V.VINAY (K/355/2009), M.S.ANEER (K/644/2013), SARATH K.P. (K/001467/2021)| For the Respondents: SRI.ALEX.M.THOMBRA

Table of Content
1. factual background of the case. (Para 1)
2. incident and result of wrongful sms (Para 2)
3. arguments presented by the accused. (Para 3 , 4 , 5 , 6 , 7)
4. court's observations on the evidence. (Para 8 , 9 , 10 , 11)
5. analysis of witness testimonies and inconsistencies. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29)
6. final conclusions and acquittal of the accused. (Para 30 , 31 , 32 , 33)

JUDGMENT

Vinod Chandran, J.

The injurious destinies that befell, a group of young men, for reason of a wrong delivery of an SMS is the case projected herein; which resulted in the murder of one and incarceration of some others. A minor girl sent an innocuous message about her exams to a male friend, which was received by a stranger. There were exchanges between the sender and the stranger/recipient, querying about each others identity, which infuriated the friend of the sender. The friend hence repeatedly called the recipient and abused him over the mobile phone, upon which the recipient complained to his friends. The friends took up cudgels on behalf of the recipient and called back the person who abused him, when they were asked to c

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