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2022 Supreme(Online)(Ker) 75314

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
ANTONY @ ANTAPPAN, VIJESH, SIMON V. JACK @ JACK – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.VIJAYA BHANU (SR.), SMT.MITHA SUDHINDRAN, SRI.M.REVIKRISHNAN
For the Respondents: SRI.ALEX M.THOMBRA

JUDGMENT

Vinod Chandran, J.

Stalked, surrounded and brutally attacked by a group of seven, one was killed and the other maimed. The grievously injured survived to tell the story, according to the prosecution, along with another whose nimble feet saved him. The motive alleged is prior enmity but with major variations on facts, as projected in the charge based on the final report and the one coming out in evidence led before Court.

2. The seven accused who stood trial were charged under Sections 120B , 143, 144, 147, 148, 140, 341, 324, 326, 302, 307,r/w S.149 IPC and S.20 r/w S.27 of the Arms Act . Accused are convicted under S.235(2) of the Code of Criminal Procedure and each of them are sentenced to, undergo imprisonment for life, rigorous imprisonment for 7 years, simple imprisonment for one month, respectively under Ss. 302, 307 & 341 read with S.149 , with fine under each heads and default sentences. The accused No.2 to 7 are also sentenced to undergo R.I for 6 months each under S.144 and 148 , A1 to R.I for 3 months each, under S.143 and 147 . The substantive sentences of imprisonment are to run concurrently and the default sentences consecutively. The accused are in appeal.

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