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2006 Supreme(Ker) 259

J.B.KOSHY, V.K.BALI
Poovancherry Thekkeveettil Sankara Narayanan – Appellant
Versus
The State of Kerala – Respondent


Judgment :-

V.K. Bali, C.J.

A school going girl aged 13 years, daughter of Poovanchery Thekkeveettil Sankara Narayanan alias Kutty (A1) was raped and murdered by Ahmmed Koya. After this heinous crime when the deceased somehow obtained bail, A1 in conspiracy with Thazhethethil Animon alias Ani Mohan and Mancheriyil Sankarnarayanan, A2 and A3 respectively, is said to have committed his murder. The prosecution in the trial held against the appellants named above was able to secure conviction of A1 on the basis of circumstantial evidence consisting of strong motive that actuated him to commit the crime as also recovery of the crime gum. He was thus held guilty for offence under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/-. He was also sentenced to undergo imprisonment for 3 years and to pay a fine of Rs.500/-, in default to undergo imprisonment for three months under section 201 IPC. He was further sentenced to undergo imprisonment for one year under section 3(a) of the Arms Act and the sentences were ordered to run concurrently. His co-accused A2 and A3 were, however, acquitted of the charges under section 3







































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