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1993 Supreme(SC) 375

K.JAYACHANDRA REDDY, N.P.SINGH
Baby Kandayanathil – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT:- The appellant was the first accused before the trial court. He along with three others was tried for offences punishable under Sections 302 and 201/34, Indian Penal Code. The appellant was also charged with under Section 25(1)(a) of the Indian Arms Act. The deceased Mathew Manjooran was the husband of A-4. It is alleged that the accused used to visit the house of the deceased and was friendly with A-4. The deceased did not like it. The accused also used to take liquor in the company of A-4 in the house of the deceased. On the day of occurrence, i.e. on 8-12-79, A-1 along with PW-1 went to the house of A-4 and the deceased was not in the house at that time. He then wanted to take liquor and since it was not available A-4 began to distililicit liquor. Just then the deceased came to the house and abused A-1. A-1 brought the gun with him, which is M.O. 3, and it had been placed in the kitchen of the house. The appellant took the gun and shot the deceased dead. Thereafter the dead body after severing the head was secreted. On 11-12-79, A-3 gave a report to the effect that he heard the sound and went to the house of the deceased and found the deceased failing down and he menti




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