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1953 Supreme(Ker) 49

KOSHI, M.S.MENON
Vijayan – Appellant
Versus
State – Respondent


Judgment :-

1. This case has come before us in appeal and under section 374 of the Code of Criminal Procedure for confirmation of the capital sentence passed on the appellant Vijayan, son of Chandraseri Narayanan Vaidyan of Mattancherry for the murder of a boy Swaminathan, aged about 14 who was a student of Form III in the T. D. High School, Mattancherry. Besides murder the appellant also stood charged with the commission of offences punishable under sections 392 and 201, Indian Penal Code viz., robbery and causing disappearance of the evidence of murder. The learned Sessions Judge of Anjikaimal who held the trial with the aid of four assessors found the accused guilty both of murder and robbery and passed the sentence of death in respect of the former offence. In view of the imposition of the death penalty no separate sentence was awarded with respect to robbery. As for the charge under section 201, the learned judge took the view that as the appellant was found guilty of murder the consideration of the question whether he was guilty of the offence of causing disappearance of the evidence of the murder did not arise. Of the four assessors three of them opined that the appellant wa




































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