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2015 Supreme(Ker) 850

V.K.MOHANAN, RAJA VIJAYARAGHAVAN V.
JOY @ JOY VARGHESE @ M. V. VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.V.K.SUNIL
FOR THE RESPONDENT: SMT.PRAICY JOSEPH, SPL. PUBLIC PROSECUTOR

JUDGMENT

Raja Vijayaraghavan.J.

1. This appeal, filed by the sole accused in S.C.No.159 of 2006 on the file of the Court of Sessions, Kottayam, is directed against the judgment, conviction and sentence passed against him by the Additional Sessions Judge (Ad hoc)-I, Kottayam. He challenges the judgment dated 30.11.2006 as per which he has been convicted and sentenced u/s 449 302, 397 and 201 of the Indian Penal Code.

2. A conspectus of the prosecution case is as under:- Deceased Ammini, was residing alone in a building bearing door No. NP XIII/63 in Erumeli North Village of Mundakayom Village. On 13.7.2005, Ammini participated in a prayer meeting held at the house of her son Mathew ( PW1 ). The prayer was over by about 6.30 P.M. and Ammini returned back home. PW3, Kamalamma, a friend and neighbor of deceased Ammini and also the Secretary of Koruthodu Navajeevan Kudumbasree, went to the house of Ammini at 10.30 AM on the next day , for discussing some matter with her. Nobody answered her call and when she looked inside through the open door, found Ammini lying on the floor of her house in a pool of blood. PW3 raised an alarm and alerted the neighbors. The son of the deceased Ammini, Ma


































































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