Sherimon Appellant Vs. State of Kerala
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Head Note
Indian Penal Code,1860 - Section 324 , Section 120
Conviction and sentence - Appeal against - The prosecution alleged that the appellant had entered into a criminal conspiracy with A1 to A3, who were engaged in the profession of vehicle seizure, to re-possess the auto rickshaw and, in pursuance of the said criminal conspiracy, A1 to A3 under the pretext of going for a trip, hired the said auto rickshaw, murdered Binoy, the driver and took away the said auto rickshaw - No evidence produced on record which indicates the existence of a strong motive on the part of the City Auto Finance to repossess the said auto rickshaw at any cost - The Supreme Court held that when the appellant was not present when the murder took place and no overt act attributed to him by any witness, to hold him responsible for offence under Section 324 IPC with the aid of 120B is clearly improper and illegal - Nothing on record to establish meeting of minds between the appellant and the other accused - The impugned judgment of the High Court confirming the conviction and sentence awarded to the appellant set aside - Appeal allowed.
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