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2013 Supreme(Ker) 187

T.R.RAMACHANDRAN NAIR, A.V.RAMAKRISHNA PILLAI
Sudheer Babu – Appellant
Versus
State of Kerala Represented By Public Prosecutor High Court Of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Appellants:P. Vijaya Bhanu, (Sr.) M. Revikrishnan, Mrs. M.A. Sheeba, Advocates.
For the Respondent: Mrs. Praicy Joseph, Public Prosecutor.

Judgment :-

Ramakrishna Pillai, J.

1. The accused in S.C.No.456 of 2006 on the file of the Additional Sessions Court-II, Palakkad, are the appellants. They faced trial on a charge sheet laid by the Circle Inspector of Police, Cheruplassery, for the offences punishable under Sections 376, 302 and 397 r/w.34 IPC on the following allegations. The appellants are referred to, as they are arrayed in the impugned judgment. At about 10.30 p.m. on 6.2.2004, the accused met the deceased Saraswathi behind Plaza Theatre at Cheruplassery with an intention to have sex with her. As she refused to entertain the accused, they, in furtherance of their common intention to commit rape on her, approached her and the second accused fell over her hitting with a stone on her head and carried her to a distance of 40 metres and laid her on the path and raped her brutally. To prevent her from crying, her mouth and nose were covered and her neck was throttled knowing that she would be killed in that attempt. Thus, she was murdered. Thereafter, the accused robbed her ear studs, wrist watch and torch, thereby committing the offences as aforesaid. PW1, the son of the deceased, who received information regarding t































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