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K.G.BALAKRISHNAN, U.L.BHAT
Kuttappan – Appellant
Versus
State of Kerala – Respondent


Advocates:
P. V. Chandra Mohan, (S.B.) - For the Appellant.
Public Prosecutor - For the Respondent.

JUDGMENT

Bhat, J.-Appellant herein has been convicted by the Sessions Court, Trichur under section 302 Indian Penal Code and sentenced to undergo imprisonment for life. Since he has no counsel of his own Sri P.V. Chandramohan, a member of this Bar, has been appointed State Brief. We have heard learned counsel and the learned public prosecutor.

2. Appellant was living with his wife, now deceased Thanka, his mother and children including P.W. 3 in his house in Thoravu Village. He had a job in a tile factory. About two years previously, he disappeared from the Village and returned only a couple of months before the occurrence. He had no employment. He entertained suspicion about the chastity of his wife and used to quarrel with her. On 3.4.1982, almost throughout the day, he was sitting in the adjoining compound of P.W. 4. In the afternoon, he told P.Ws. 4 and others that there was somebody inside his house and wanted them to verify. On the persuation of P.W. 4, P.W. 12 and another boy, Mohandas, looked inside the house and not finding anybody came and reported so to the appellant. At about 3 p.m., appellant rose and went inside his house. At that time, his wife, Thanka, was in the no

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