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2011 Supreme(Ker) 367

PIUS C.KURIAKOSE, N.K.BALAKRISHNAN
Thankachan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioner:T.P. Sajeev, (State Brief), Advocate.
For the Respondent: S.U. Nazar, Public Prosecutor.

JUDGMENT :-

Balakrishnan, J.

1. The appellant was convicted by the Additional Sessions Judge (Adhoc)-I, Kottayam for offence punishable under Section 302 I.P.C. and was sentenced to undergo imprisonment for life and also to pay fine of Rs.1000/- and in default to undergo rigorous imprisonment for one year. This appeal is directed against the said conviction and sentence.

2. Brief facts necessary for the case are stated thus:

On 27.9.2002 at about 7.30 P.M the accused and P.W.2, P.W.3, P.W.4 and deceased Chandran were travelling in a bus by name 'Punnaram' bound for Pathambuzha. The deceased was standing in the bus in such a way that his body was leaning towards and touching the body of the accused. The accused became irritated and questioned the same. Thereupon altercation took place between the accused and the deceased. P.W.4, the bus conductor, intervened. The dispute was resolved by taking the deceased to the rear seat of the bus. When the bus was stopped at Theyilappura at about 8 P.M., the accused and the deceased and also P.Ws.2, 3, 4 and 6 got down from the bus. Again the accused asked deceased Chandran why he leaned on his body while he (accused) was sitting and immediatel



































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