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2000 Supreme(SC) 1997

M.B.SHAH, N.S.HEGDE
K. V. Chacko Alias Kunju – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

Santosh Hegde, J.-The appellant has preferred these appeals against the judgment of the High Court of Kerala at Ernakulam dated 28th March, 2000 delivered in Criminal Appeal Nos. 105/98 and 642/98. Criminal Appeal No. 105/98 was filed by the appellant against the conviction and sentence imposed on him by the learned Sessions Judge, Kottayam Division, Kerala in Sessions Case No. 60 of 1993 dated 29.12.1997 wherein he was found guilty of offences punishable under Sections 449, 302, 397 and 201 IPC and was sentenced to undergo imprisonment for various terms including imprisonment for life under Section 302 IPC. Criminal Appeal No.642/98 was preferred by the State of Kerala against the said judgment of the Sessions Court for not awarding capital punishment to the accused in the said case. The High Court heard both the appeals together and as per its impugned judgment dismissed the appeal of the appel lant and allowed the State appeal by coming to the conclusion that the offence committed by the appellant deserved nothing short of capital punishment to meet the ends of justice. Accordingly, it enhanced the sentence from life imprisonment to death sentence. The appellant has pref




















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