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1973 Supreme(Ker) 162

E.K.MOIDU, P.NARAYANA PILLAI
PALAN – Appellant
Versus
STATE – Respondent


Judgment :-

1. The appellant, who is the accused in Sessions Case No. 41 of 1972 of the Sessions Court, Palghat, has been convicted and sentenced to life imprisonment under S.302 of the Indian Penal Code for causing the death of one Akkamma by hitting her on her bead with M.O.1, a big granite stone, some time after 9.30 p.m. on 19-4-1972 and before the sunrise on 20-4-1972. He was also convicted and sentenced to ten years rigorous imprisonment under S.392 I.P.C. The sentences were directed to run concurrently.

2. The appellant aged about 25 years is a resident of Sreekrishnapuram village. Deceased Akkamma, aged 33, also belonged to that village. They are members of Harijan community who eked out their existence working as labourers. pw.1 is the elder sister of Akkamma and pw. 4 is the son of pw. 1. Akkamma lived with pw.1 in the same house, but pw. I had no control over her. Akkamma led a licentious life taking to drinking and prostitution. Often she was found lying in an unconscious condition due to excessive drinking. Whenever persons found fault with her regarding her conduct, she used to abuse them and so on such occasions they used to leave her alone. However, she had some jewe




































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