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2022 Supreme(Online)(Ker) 79992

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A. A, J
BIJU KUNNAMKANDY (HOUSE), MUTHUKAD, CHAKKITTAPPARA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: P.K.VARGHESE, P.S.ANISHAD, ANISH PAUL, K.R.ARUN KRISHNAN, P.T.MANOJ, SANJANA RACHEL JOSE
For the Respondents: SRI.J.JULIAN XAVIER, SRI.FIROZ K.ROBIN, SRI.RANJIT GEORGE – SR.PUBLIC PROSECUTOR

JUDGMENT

The appellants are the accused Nos.1 to 10 in S.C. No.1370/2014 on the file of Additional Sessions Court, (Marad Cases), Kozhikode. The aforesaid case arises from Crime No.75/2014 of Peruvannamuzhi Police Station. The said case was registered against the appellants herein, and another for the offences punishable under Sections 143 , 147, 148, 447, 341, 323, 324, 326, 307, 506 read with Section 149 of the Indian Penal Code .

2. The prosecution case is as follows: On 18.03.2014 at 5.30 p.m., all the accused ( Appellants herein and accused No 11) formed themselves into an unlawful assembly with a common object to commit or for attempting to cause the murder of CW1, with deadly weapons and trespassed into his compound, A1 beat him with a stone which was covered in a flag of DYFI ( Democratic Youth Federation of India; the youth wing of a political party), A2 stamped on his chest and belly, A3 hit on his right stomach and A5 fisted on his chest. The other accused persons slapped his chest and back. It is also alleged that the 3rd accused pelted stone, resulting in injury to the son of the de facto complainant. Immediately thereafter, he was taken to Taluk Hospital, Perembara an

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