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2007 Supreme(Ker) 490

V.GIRI, J.B.KOSHY
Rajesh R. Nair – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
Smt. Sangeetha Lakshmana, for Appellant; Noble Mathew, P. P., for Respondent.

Judgement

KOSHY, J. :- Appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- for offence punishable under Section 302 of the Indian Penal Code. The appellant was the first accused. He was alleged to have killed his mother and sister. Since appellant was financially not able to engage a lawyer, State appointed a lawyer before the trial Court and this Court under the legal aid scheme. As per the final report, police charged originally accused, his mother Chandrika and father of the accused under Sections 302, 306 and 323 read with Section 34 of the Indian Penal Code. After perusing the records, Court charged the appellant alone under Section 302, IPC as mother, original A2, died and it was recorded as abated. The allegation of the prosecution was that appellant Rajesh (A1), his mother Chandrika (A2), father of the appellant (A3) and deceased Raji, sister of the appellant were residing in House No. A.P. X/506 of Anad Village. Father used to abuse and assault his wife and children after consuming alcohol. On 2-6-2001, at about 6.30 p.m., father (the third accused) came to the house after consuming alcohol. On that day, at about 8.00 p.m.







































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