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2009 Supreme(SC) 1640

HARJIT SINGH BEDI, J.M.PANCHAL
Sebastian @ Chevithiyan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants: Harinder Mohan Singh, Ms. Jasmeet Kaur, Kaushal Yadav, Praveen Kr. Singh, Advs., for the Appellants.
For the Respondents:G. Prakash, Adv., for the Respondents.

JUDGMENT

Harjit Singh Bedi, J.—

1. These appeals challenge the conviction of the appellant under Sections 302, 364, 369, 376(f), 392 and 449 of the Indian Penal Code and the award of the death sentence for the offence punishable under Section 302 of the I.P.C. and to various terms of imprisonment for the other offences. The facts are as follows :

2. On 1st August, 2005, PW1 was sleeping in the verandah of his house alongwith his son Saran, whereas his wife was sleeping inside the house alongwith their daughter Shemi, aged two years. As a matter of safety, PW-1 used to shut the door of the house from the outside. At about 4:00 a.m. on the Crl.Appeal Nos.1568- 1569/2008 2nd August, 2005, PW-1 was told by his wife that Shemi was missing. The couple thereafter made a frantic search for the child in the vicinity and also called out loudly to her. Hearing the noise, the neighbours assembled and joined the search party. An hour later, the naked dead body of the child was found near the bridge across the AVM Canal and it was observed that two gold chains, one from the neck and the other from the waist, were missing. The dead body was brought to the house and the matter was reported to the















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