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1970 Supreme(Ker) 64

K.SADASIVAN, V.P.GOPALAN NAMBIYAR
KRISHNAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The appellant was charged before the Session Judge, Trivandrum of the offence of murder for having caused the death of one Atheef by stabbing him with a knife on 7-4-1969, at about 8.15 P.M. in front of the shop of one Sasi, marked in Ext. P-5 plan, and has been found guilty and sentenced to imprisonment for life. On the day of occurrence, PWs. 3 and 4 father and son, both fish mongers were returning at about 8 P. M. after vending fish. The accused (appellant) was standing by the side of the ration shop at Koppam. PW.4 was previously known to the accused, and at least on few occa-sions, he bad helped the accused with small cash or by treating him to tea. The accused desired PW. 4 to go southwards with him, and as PW. 4 appeared unwilling, the accused put his arm around his shoulder and took him along for some distance, PW. 3 following closely. When they reached in front of Sasi's shop, PW. 4 refused to go any further, with the accused. The accused then caught hold of him by the waist and beat him. One Basheer, and Soman brother of Sasi, interceded, but were also beaten. PW. 3 cried out that his son was being killed. The deceased who was a few feet away, came up, foll



















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