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2002 Supreme(SC) 430

D.M.DHARMADHIKARI, M.B.SHAH, BRIJESH KUMAR
George – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

Brijesh Kumar, J.-These appeals arises out of judgment and order passed by the High Court of Kerala, upholding the conviction and sentence of imprisonment for life under Section 302 IPC and 7 years rigorous imprisonment under Section 392 IPC as passed by the II Additional Sessions Judge, Ernakulam in Sessions Case No. 128 of 1996.

2. The case is based on circumstantial evidence. According to the prosecution the deceased had been working for PW-28 at his farm and in that connection he used to leave his house at 7.00 a.m. everyday and would return in the evening but sometimes he stayed back at the farm. He had been residing with his younger brother PW-3 and a younger sister, PW-7. On 28-6-1995, as usual, he left for his work at 7.00 a.m. At the time of leaving his house, PW-3 and PW-7 had seen him putting on two gold rings and a watch. PW-28 had also noticed him putting on the above said articles. Till mid-day he was at the farm of PW-28 and after having his lunch etc. he had left the place. At about 4.00 p.m., PW-12 had seen him at Kottapuram junction. At about 8.30 p.m. he went to the shop of PW-8 and purchased some candles and bread from there. He then sat at a bench in fro




















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