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1986 Supreme(Ker) 323

U.L.BHAT, V.SIVARAMAN NAIR
VARGHESE – Appellant
Versus
STATE – Respondent


Judgment :-

1. Accused 1 and 2 who have been convicted by the IInd Addl. Sessions Judge, Quilon, under S.302, 449, and 323 I.P.C. and sentenced to undergo imprisonment for life under S.302 I.P.C., are the appellants. No separate sentence was imposed under other counts. The 3rd accused who was tried along with Accused 1 and 2 was found not guilty of any of the charges and he was acquitted by the Sessions Court.

2. According to the prosecution, the deceased Ammini was married by Ninan John, the 3rd accused in the case. Ammini was residing in Karikunnil Veedu, the house of the 3rd accused, at Karinthottuva Muri, Sasthankotta Village. She delivered a second child by name Kochumol. It is the prosecution case that the child was conceived at a time when the 3rd accused was in Bombay. When the 3rd accused returned from Bombay he quarrelled with Ammini regarding the second child. There was a mediation about the matter which was attended by P. W. 3 Mathew Kunjukutty, the brother of Ammini and P.W. 5 Yohannan Kunjukutty a paternal uncle of Ammini. As a result of this mediation, Ammini continued to stay in the house and the 3rd accused went back to Bombay. Some time in 1982 he returned from Bom



























































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