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2014 Supreme(Ker) 469

THOTTATHIL B.RADHAKRISHNAN, P.B.SURESH KUMAR
Narayana – Appellant
Versus
State of Kerala, rep. by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant:S. Sachithananda Pai, Advocate.
For the Respondent: K.K. Rajeev, Public Prosecutor.

Judgment

P.B. Suresh Kumar, J.

1. The sole accused in S.C.No.449 of 2010 on the file of the Sessions Court, Thalassery, is the appellant. He has been found guilty and convicted for the offence punishable under Section 302 of the Indian Penal Code, hereinafter, referred to as 'the IPC', for short.

2. The accused, a native of Dakshin Karnataka, was an employee in a fishing boat, operated from Azhikkal Harbour. On 19.4.2001, a co-worker of the accused Sankara was found dead at a place near the Harbour. The case of the prosecution is that between 9 p.m. on 18.4.2001 and 2 a.m. on 19.4.2001, the accused had committed the murder of Sankara by stabbing him on his chest with a knife.

3. PW1, the brother-in-law of the deceased lodged Ext.P1 First Information statement concerning the death of the deceased and a case has been registered by the Valapatanam Police based on the said statement. Initially, PW12 was the officer-in-charge of the investigation. He prepared Ext.P2 scene mahazar, seized Mos.1 to 5 and 9 from the scene of occurrence and recorded the statements of the witnesses. Later, the investigation was continued by Pws.14 to 16 and among them, PW16 completed the investigation and submit





























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