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2020 Supreme(Online)(KER) 14374

HIGH COURT OF KERALA
P. G. Ajithkumar, J
ABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.NABIL KHADER- AMICUS CURIAE, BY ADV. SRI.K.P.MUJEEB, SRI.K.B.UDAYAKUMAR, SR.PP

JUDGMENT

Dated this the 18th day of December 2020

The appellant is the first accused in S.C.No.265/2000 on the file of the Additional Sessions Judge, Fast Track Court No.III (Ad hoc), Manjeri. The above case is chargesheeted by the Circle Inspector of Police, Manjeri against the appellant and 12 others alleging the offence punishable under Sections 120 (B) and 395 IPC .

2. The prosecution case in short is that on 21.8.1997 at about 11.30 am, at Thrikkalangode the accused with the intention to commit dacoity committed criminal conspiracy from the house of the 1st accused bearing No.T.P.II/90 and chased an autorickshaw driven by CW1 bearing No.KL10F-979 in a jeep bearing No.KLW 1621 and in an autorickshaw bearing No.KL10C.7826. The further case of the prosecution is that the autorickshaw driven by CW1 was blocked and CW1 and CW2 were taken away from the vehicle and the 1st accused took the autorickshaw in which an amount of Rs.3 lakhs is kept. Hence it is alleged that the accused committed the offence.

3. To substantiate the case the prosecution examined PW1 to PW16. Exts.P1 to P30 were also marked.

4. After going through the evidence and documents the trial court found that the first ac

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