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1985 Supreme(Ker) 41

T.KOCHU THOMMEN, FATHIMA BEEVI
KUNHAPPAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The appellant Kunhappan was convicted by the Sessions Court, Kozikode, in S.C.No.3/1982 for the offence punishable u/S.302 I.P.C. and sentenced to undergo imprisonment for life. He was tried on the charge that on July 31,1980 at about 3 P.M. he committed murder by causing the death of one Gopalan by stabbing him with M.O.3 dagger. The occurrence is stated to have happened in the veranda of the shop of P.W.2.

2. The prosecution case briefly stated is: The appellant had ill-feeling towards the deceased Gopalan after the elopement of his daughter with a Christian youth. On the date of the occurrence, the deceased Gopalan was sitting in the shop of P.W.2 where P.Ws. 3 and 4 were also present. P.W.5 was seated in the veranda of the adjacent room. The appellant entered the shop, purchased cigarettes, then moved towards Gopalan and attacked him with the dagger. With an outcry Gopalan ran out of the shop towards the south covering his chest with is hands, and fell down on the road. The appellant also followed him for a short distance and he ran towards the south. While Gopalan collapsed on the road, the appellant was pelted with stones and disarmed by P.Ws.I and 9 the sons of


















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