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2024 Supreme(Online)(SC) 12258

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE VIKRAM NATH, HON'BLE MR. JUSTICE PRASANNA B. VARALE
KUNHIMUHAMMED @ KUNHEETHU – Appellant
Versus
THE STATE OF KERALA – Respondent


J U D G M E N T

VIKRAM NATH, J. 1. Leave granted.

2. This appeal assails the correctness of the judgment and order dated 18.09.2018 whereby the appeal of the appellant-accused no.1, against his conviction under sections 302, 324 and 326/34 of Indian Penal Code, 1860, [Digitally signed by] has been dismissed. The prosecution story in brief is:

Signature Not Verified NEETU KHAJURIA Date: 2024.12.06

1 R5 e: a4 s9 o:5 n2 : IST 1 IPC

2.1. On 10.04.2006, the sympathizers of United Democratic Front (UDF) and Left Democratic Front (LDF) fought against each other in connection with the dispute regarding the drawing of their election symbol at a place near a library in Kunnappalli, Pathaikkara Village. A criminal case with non-bailable offences was registered against the sympathisers of UDF in connection with the above incident.

2.2. On 11.04.2006, The appellant along with the other accused who are sympathisers of Indian Union Muslim League on account of above enmity and with the intention to commit murder of deceased Subrahmannian and CW-1 Vasudevan Ramachandra, waited at Mukkilaplavu Junction for their arrival and at about 08:45 PM when the deceased along with Vasudevan Ramachandra reached at t

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