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1989 Supreme(Ker) 437

K.G.BALAKRISHNAN, U.L.BHAT
Thankappan Mohanan – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

BHAT, J.

At about 7 p.m. on 4-12-1983, now deceased George, husband of P.W. 1 sustained fatal injuries and succumbed to the injuries on the way to General Hospital, Thiruvalla. At 11 p.m. P.W. 1 went to the Thiruvalla police station and gave information on the basis of which case was registered against eight persons under Sections 143, 147, 148, 341, 323 and 302 I.P.C. read with S. 149 I.P.C. Ultimately P.W. 23 Circle Inspector of Police. Thiruvalla laid charge against these eight persons for the aforesaid offences. The trial court convicted them under S. 143, 147, 148 and 341 read with S. 149 I.P.C. and S. 302 read with S. 149 I.P.C. For the offence under S. 302 I.P.C. they were sentenced to undergo imprisonment for life. No separate sentence was awarded under the other counts. Second accused was further convicted under S. 323 I.P.C. Accused have filed the above appeals challenging the conviction and sentence entered against them.

2. Prosecution case can be summarised as follows : George had an affair with P.W. 7, wife of the third accused on account of which he incurred enmity of the third accused. Accused are mutually related to each other. P.W. 1 is a vegetable vendo



































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