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1993 Supreme(Ker) 163

THOMAS, USHA
Vincent – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Thomas, J.

Spectators of a final volley ball match in a tournament became spectators of a murderous bout. 11 happened on the May Day of 1989 between deceased on the one side and four appellants on the others. Deceased sustained fatal stab injuries to which he succumbed without delay. Learned Sessions Judge convicted all the four (who are brothers between them) of the of fence of murder with the aide of S.34 of the Indian Penal Code and they were all sentenced to imprisonment for life. Hence this appeal by them.

2. The scene of occurrence was the compound of St.Mary's Church, Muttinakam. There was long standing hostility between the two families of the deceased and the appellants. According to the prosecution version, appellants were looking forward to settle grouses with the deceased and on the May Day evening, after the final match was played and prize distribution was over, the four appellants confronted the deceased and caught hold of him. First appellant had a knife with him. When the deceased was held by three appellants from behind, first appellant held him by the neck with his left arm and inflicted a stab injury on the left leg and three slab injuries on the ches




















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