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2013 Supreme(Ker) 361

K.T.SANKARAN, B.KEMAL PASHA
Vijayan – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Appellant:K.N. Balachandran Kartha, T. Madhu, Advocates.
For the Respondent: Gikku Jacob, Public Prosecutor.

Judgment :

Kemal Pasha, J.

1. The accused in S.C.No.123 of 2008 of the Kottayam Sessions Division, who stands convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life, has come up in appeal.

2. The accusation against the appellant is one of uxoricide. The accused, a Carpenter by profession, had always suspected the infidelity of his wife, deceased Usha. There were frequent quarrels between the appellant and the deceased at their house. The deceased contacted her mother (PW 2) and brother (PW7) who are residing at Cherthala over the phone and complained them about the harassment meted out to her by the appellant and requested PW2 to reach their house immediately. PW 7 sent PW 2 over to the house of the appellant on 16.6.2005, a Thursday. On 17.6.2005 after having lunch, PW 2 went to the nearby house of the elder brother of the appellant to watch a movie in the television. By about 4.30 pm., on hearing a scream of a woman, PW 2 rushed back to the house of the appellant. On reaching the house, she could see the deceased lying in a pool of blood in the bedroom and the accused standing near her with MO1 chisel in his hand. On seeing PW 2, the ap
































































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