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1993 Supreme(Ker) 186

L.MANOHARAN, M.M.PAREED PILLAY
Kunjayyappakutty – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Pareed Pillay, J.

Appellants (accused 1,2 and 4) along with A-3 stood charged under Ss.302 read with S.34 of the Indian Penal Code for having caused the death of Balan on 26-8-1988 at about 8.30 p.m. Learned Additional Sessions Judge found A-3 not guilty and acquitted him. A-1, A-2 and A-4 were found guilty under S.302 read with S.34 of the Indian Penal Code and they were convicted and sentenced to undergo imprisonment for life.

2. Prosecution case in brief is as follows: On 26-8-1988 some time prior to 8-30 p.m. Balan (deceased) uttered abusive words under the influence of liquor in front of the house of Cheerakuzhi Govindan. Inmates of the house protested against the action of Balan and one Shaji persuaded Balan to go away from there. Shaji and Balan walked together from there and when they reached in front of the house of A-1 Balan uttered obscene words against A-1. A-1 retorted in the same manner. While the verbal altercation was going on A-2 to A-4 who are the sons of the brother of A-1 came out and approached Balan. A-1 went inside his house and immediately came back near Balan. A-1 and A-2 were having choppers with them. A-4 having a pestle with him. A-3 pushed dow
















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