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2007 Supreme(Ker) 480

J.B.KOSHY, K.HEMA
Mamachan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Koshy, J.

According to the prosecution, a five month pregnant woman was brutally murdered by the appellant accused who was living with her as husband on the basis of a registered agreement. He was charge-sheeted for the offence punishable under Section 302 of the Indian Penal Code. It is the case of the prosecution that deceased Jessy has lived with one Ali as husband and wife for sometime and later under a registered agreement started living with the accused. The latter doubted her chastity and used to treat her with cruelty and on 24-10-1999, at about 2 p.m. accused killed her with a chopper.

2. P.W.5 brother of the deceased on hearing the news rushed to the house and saw his sister in a pool of blood and he gave Ext. P-6 F.I. Statement. He also deposed that six months before the incident, Jessy married the accused. But due to suspicion of chastity accused used to treat her cruelly and because of the cruelty she came to his house to live along with him. It is also stated that accused used to visit his house to meet her and while giving evidence he also deposed that he saw the accused in that morning near the place (Rajakumari). He also reiterated the incident as mention































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