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1988 Supreme(Ker) 391

BALAKRISHNAN, BALAKRISHNA MENON
ARAVINDAKSHAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The accused in SC No. 93 of 1987 of Sessions Court, Quilon, has been found guilty of offence punishable under S.302 of the Indian Penal Code and is sentenced to death subject to confirmation by the High Court. The appellant challenges the conviction and sentence.

2. The accused Aravindakshan Pillai and his wife and two children were residing in a house in Kottankara Village within the jurisdiction of Kundara police station. The house consists of two rooms and a varandah on its northern side. The parents of Santhakumari were residing in an adjacent house. The incident happened on 22-3-1987 at about 4 pm. It was a Sunday. Deceased Santhakumari was a worker in a cashew out factory. Whenever she got time she would roll beedies to earn livelihood. On the date of the incident the accused demanded money from the deceased. She declined to pay. Accused got angry. Deceased Santhakumari later went to collect some water from the nearby well. PW. 2 Ushakumari is the daughter of the accused. She saw accused taking a chopper from the kitchen and sharpening the same. PW. 2 asked the accused why be was sharpening the chopper. Accused replied that the season for trade in cadjan leaves















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