IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. Jayakumar, J
Accused Nos. 2 and 3 – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. court's conclusion on the unreliability of the eyewitness. (Para 66 , 67 , 69) |
| 2. final judgment on acquittal of the appellants. (Para 73 , 74) |
JUDGMENT
K.V. JAYAKUMAR, J
This criminal appeal is preferred impugning the judgment of the Additional Sessions Court-III, Thalassery, in SC No. 332 of 2010. The appellants herein are the accused Nos. 2 and 3. The appellants, along with accused Nos. 4 to 9, faced the trial before the Sessions Court, Thalassery for the offences punishable under Sections 143 , 147, 148, 302, 341 r/w 149, and 120B of the Penal Code.
2. The learned Sessions Judge found the appellants (accused Nos. 2 and 3) guilty under Sections 302 r/w 34 IPC and 341 r/w 34 of . The Sessions Judge acquitted the accused Nos. 4 to 9 under Sections 143 , 147 , 148 , 341 and 302 r/w 149 of the . All the accused were found not guilty under Section 120B of the . The accused No.1, Swaroop, absconded, and the case against him was split up.
3. The appellants were sentenced to undergo imprisonment for life under Section 302 r/w 34 of the Indian Penal Code with a fine of Rs.30,000/- each. They were also sentenced to undergo simple imprisonment for one month for the offen
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