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1956 Supreme(Ker) 155

VARADARAJA IYENGAR, KOSHI
Thommen Thomas Alias Kunju – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Thomas alias Kunju who was accused No. 2 in Sessions Case No. 38 of 1955 on the file of the Parur Sessions Court has preferred this appeal against the convictions made against him by the learned Sessions judge under S.302 & 324 I.P.C. and the sentences passed therefor. Finding him guilty for the murder of one Thomman he has been sentenced to undergo rigorous imprisonment for life. For causing hurt with a dangerous weapon to Thomman's younger brother Ouseph (Pw. 1) and to their mother Annam (Pw. 2) he has been sentenced to undergo rigorous imprisonment respectively for 4 months and 3 months. The judgment directs that all the three sentences shall run concurrently.

2. The case against the appellant was that in the afternoon of 14.12.1953 he stabbed one Thomman to death and that he also inflicted stab wounds on Thomman's brother and mother with the self-same weapon, to writ, a pen-knife, with which he killed Thomman. Accused No.1 in the case, one Kurian Kurian alias Chacko, the appellant's master, was alleged to have abetted the commission of these offences, but the learned Sessions Judge found that the prosecution had not succeeded in proving that part of the case and a


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