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1972 Supreme(SC) 595

A.ALAGIRISWAMI, C.A.VAIDIALINGAM, I.D.DUA
Kodavandi Moidean Alias Baputty – Appellant
Versus
State Of Kerala – Respondent


Judgment

VAIDIALINGAM, J. :- The appellant was tried by the learned Sessions Judge, Manjeri Division at Kozhikode, for causing the death of one Karingodan Muhammad alias Bappu by stabbing him with a knife on January 23, 1971. He was found guilty and convicted under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life. The appellant challenged this conviction and sentence before the Kerala High Court in Criminal Appeal No. 206 of 1971. The State filed criminal Revision Petition No. 380 of 1971 for enhancement of the sentence. The High Court by its judgment and order dated 12-10-1971 confirmed the appellant s conviction. Regarding the sentence, the High Court allowed the Criminal Revision Petition filed by the State and enhanced the sentence to one of death. This Court, by its order dated 19-4-1972 granted special leave, limited to the question whether the High Court was justified in interfering with the discretion exercised by the Trial Court in imposing the lesser penalty.

2. As the only question is regarding the enhancement of the sentence, we have examined the judgment of the High Court under appeal in order to discover the special reasons, which induced t







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