SHAJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants call into question the legality of the judgment rendered by a Division Bench of the Kerala High Court while partially altering the conviction of Nujum (Appellant No.2) who is, hereinafter referred to for the sake of convenience as A2 and maintaining the conviction of Shajahan (appellant No. 1 for short A1), Manzoor (A3) and Musthafa (Appellant No.4 for short A-4) u/s. 323 read with Sec. 34 of the Indian Penal Code. A-2 was convicted in terms of Sec. 304 Part II of the Indian Penal Code, 1860 (in short the IPC) instead of Section the conviction u/s. 302 of the Indian Penal Code by the trial Court, and sentenced to undergo rigorous imprisonment for five years. The conviction of A2 and the sentence for offence, punishable u/s. 324 Part I of the Indian Penal Code, was not interfered with.

(3.) The prosecution version as unfolded during trial was as follows: