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1991 Supreme(Ker) 54

K.T.THOMAS, P.K.SHAMSUDDIN
Koshy Alias Baby – Appellant
Versus
The State – Respondent


Judgment :-

THOMAS, J.

Deceased, a septuagenarian, sustained three stab wounds, one on his chest, another on his neck and the third on his left arm. The incident happened during the evening of 2-11-1988. He succumbed to his injuries within a short while. Appellant, a relation of the deceased, was convicted by the Sessions Court for murder of the deceased and was sentenced to imprisonment for life. He was also convicted for inflicting stab injuries to two other persons (P.Ws. 1 and 2) in the same incident and was sentenced to rigorous imprisonment for two years. He has filed this appeal.

2. Prosecution case is compendiously narrated in the following lines : Deceased was seventy-two when he died. He was living with his brother (P.W. 1) and children in their house. This family had a feud with appellant's uncle over a timber tree which stood on or near the border of their properties. That dispute gave rise to criminal cases filed against each other. The local panchayat member (P.W. 8) intervened and brought about a truce between them. As the appellant was not consulted on this, he resented against the terms of settlement. Around 6 p.m. on the date of occurrence, appellant went to decea













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