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1985 Supreme(Ker) 24

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


Judgment :-

1. The appeal is directed against the conviction of the appellant u/S. 302 IPC. and sentence to undergo imprisonment for life. The appellant was tried on the charge that he committed murder by causing the death of his younger sister Santhamma by stabbing her with a knife. The occurrence happened inside their dwelling house on the night of 22/23-10-1981. The prosecution has alleged that the appellant did the act out of frustration on account of the resistance of the deceased in his attempt to satisfy his lust. The learned Sessions Judge has based the conviction on few circumstances which according to him are strong enough to form a complete chain and point to the guilt of the appellant.

2. The main contention advanced on behalf of the appellant is that there is no evidence to warrant the conviction. Having heard the learned counsel for the appellant and the learned Public Prosecutor, we are of the view that the circumstances relied on by the learned trial judge are neither incriminating nor complete and conclusive or unerringly pointing to the guilt of the appellant, and the conviction based on the circumstances is not justifiable.

3. The deceased Santhamma aged about 20 w













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