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1989 Supreme(Ker) 143

PADMANABHAN, SHAMSUDDIN
Imbayi – Appellant
Versus
State – Respondent


Judgment :-

1. Appellant Ibrahim alias Imbayi is the sole accused. PWs 2 and 4, Mohammedkutty and Abdul Majeed, are his elder brothers. PW 10, Sainaba, aged 50 is their widowed mother. Deceased Avutty aged 26 was their close neighbour. Ever since the death of her husband, PW 10 had a fascination for the deceased to satisfy her lust. The affair went on continuously for about nine years. To enable the sexual liaison, she used to sleep alone in the kitchen under some false pretext. The kitchen has an exit door through which entry from outside without being noticed by others is easy. PWs. 2 and 4 were aware of this liaison and they had to acclimatise and swallow their protest. But the appellant, who was aged only 17 at the time of incident, was unaware of this. On 20-11-83 he had a confrontation with the deceased inside the kitchen at about 11.00 or 11.30 in the night after his sexual liaison with his mother was over. PW 2 interfered and prevented the appellant. Deceased was sent away to his house with an assurance that the matter could be talked over the next morning. Appellant was caged in a room. Within five minutes, the deceased re-appeared near the lane in front and called PW 2. W
















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