A.K.PATNAIK, GYAN SUDHA MISRA
HAMZA – Appellant
Versus
MUHAMMEDKUTTY alias mani – Respondent
JUDGMENT
A.K. Patnaik, J.
1. These are appeals by way of special leave under Article 136 of the Constitution against the judgment dated 23.09.2005 of the Division Bench of the Kerala High Court in Criminal Appeal No. 1187 of 2005 (B).
Facts of the Case:
2. The facts very briefly are that on 26.02.1998 between 7.00 p.m. To 7.30 p.m. Suhara sustained stab injuries on her neck while she was in the house of her in-laws. She was initially taken to the Government hospital, Pattambi and was thereafter taken to Moulana Hospital, Perinthalmanna, where she succumbed to the injuries and died. On 27.02.1998, the Pattambi Police registered the First Information Report (FIR) on the statement given by one Saidalavi, a relative of Suhara, that she had suspicion regarding the death of Suhara (hereinafter referred to as 'the deceased'). On 27.02.1998, postmortem was conducted on the body of the deceased by the Lecturer, Forensic Medicine and Assistant Police Surgeon, Medical College, Trichur. The local police then investigated into the case and came to the conclusion that it was a case of harassment and suicide and filed a charge-sheet against four members of the family of the in-laws of the deceased fo
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