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1991 Supreme(Ker) 24

K.T.THOMAS, P.K.SHAMSUDDIN
Treesa, Vettamparambil – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

THOMAS, J.

Deceased Vincent was a young advocate whose practice was mainly in the District Centre, Ernakulam. His death was suspected to be a murder. After investigation his wife was indicted for the murder and also for giving false information regarding the incident in order to screen herself from legal punishment. The Sessions Court acquitted her of murder charge, but convicted her for the offence under S. 201 of the Penal Code and sentenced her to undergo rigorous imprisonment for five years. She filed the appeal challenging the convict on and sentence.

2. When the appeal was heard by a learned single Judge of this Court, it was contended for the appellant that the offence under S. 201 of the I.P.C. cannot be found without establishment of the main offence. The State has not filed any appeal against acquittal for the main offence. However, revisional jurisdiction of this Court has been initiated by the learned single Judge against the order of acquittal. We heard arguments in the appeal and also in the suo motu revision. Learned Public Prosecutor argued that the order of acquittal is wrong and he canvassed for conviction of the appellant for the offence under S. 302
















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