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2005 Supreme(Ker) 624

J.B.KOSHY, K.R.UDAYABHANU
Chellappan Nair – Appellant
Versus
State of Kerala – Respondent


Judgment :-

J.B. Koshy, J.

Appellant was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- for offences punishable under S.302 of the Indian Penal Code. Since he was not able to engage a lawyer, his case in the Sessions Court was conducted by a lawyer arranged by the State. In this appeal filed from Jail also, this Court has appointed a State Brief for arguing his case.

2. According to the prosecution, due to the previous enmity the accused had with the deceased, the accused, at 0.45 hours on 12-3-2001 at a place called ‘Thadam’ at the northern side of the bridge of the canal at Perinjam, inflicted two cut injuries with a chopper on the back side of the head of the deceased Velappan Nair and thereafter the accused attempted to cause cut injury on the head which was warded off by the deceased Velappan Nair and consequently the said attack caused cut injuries on the left forefinger of Velappan Nair. The accused again inflicted cut injuries on the face of Velappan Nair just below the left eye and thereafter with the blunt edge of the said chopper, the accused inflicted a cut at the chest of Velappan Nair and pushed Velappan Nair with the hands of the a






















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