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2022 Supreme(SC) 564

AJAY RASTOGI, VIKRAM NATH
Ajmal – Appellant
Versus
State Of Kerala – Respondent


Advocate Appeared:
For the Appellant :P. V. Dinesh, Ashwini Kumar Singh, Bineesh K., Harikumar V., Anupam Mishra, Jenis V. Francis, P. S. Chandralekha, N. Hariharan, Shinoj K. Narayanan, Mr. K. Rajeev, Advocates
For the Respondent:Harshad V. Hameed, Dileep Poolakkot, Ashly Harshad, Advocates

JUDGMENT :

Vikram Nath, J.

1. The present set of three appeals filed by accused-appellants namely, Biju (accused no.1), Ashique Salam (accused no.2) and Ajmal (accused no.3) assail the correctness of the judgment and order dated 30th May, 2019 passed by the High Court of Kerala in Criminal Appeal Nos. 91, 238 and 564 of 2014, whereby the aforesaid appeals were partly allowed. The conviction of these three appellants under sections 143, 147, 148 IPC1[IPC – Indian Penal Code, 1860] read with section 149 IPC was set aside, however, their conviction and sentence under sections 341, 323, 324, 427 and 302 read with section 34 IPC as awarded by the Trial Court was confirmed.

2. At the outset, it may be pointed out that there were 10 (ten) accused, who were chargesheeted. The present appellants are accused nos. A1, A2 and A3. Four accused namely accused nos. 4, 5, 7 and 10 were acquitted of all the charges by the Trial Court. Further High Court acquitted three accused namely accused nos. 6, 8 and 9 of all the charges. Thus, out of 10 (ten) accused, the present three accused-appellants A1, A2 and A3 stand convicted by the High Court and, as such, are before this Court.

3. According to the prose


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