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2015 Supreme(Ker) 724

V.K.MOHANAN, RAJA VIJAYARAGHAVAN V.
LALU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. DINESH MATHEW J.MURICKEN, SRI. P.V. BALAKRISHNAN.
For the Respondent: SMT. PRAICY JOSEPH, SPL. PUBLIC PROSECUTOR.

JUDGMENT

RAJA VIJAYARAGHAVAN, J.

1. The sole accused challenges his conviction for murder and house trespass to commit offense punishable with death. As per judgment dated 14.10.2010 in S.C.No.480 of 2004 on the file of the Additional District and Sessions Judge (Ad hoc-III), North Paravur, he has been sentenced to undergo rigorous imprisonment for life and to pay fine under S. 302 of the IPC with default sentence and also to undergo rigorous imprisonment for 10 years and fine with default sentence under S. 449 of the IPC.

2. Succinctly stated, the case of the prosecution is this:-

(a). The accused Lalu had illicit intimacy with Asha Anil, the deceased. There were also some financial transactions between the accused and the deceased. Disputes arose between them and the deceased refused to continue with the said relationship, and put an end to the financial transactions. The accused was having a grudge towards the deceased owing to the said fact. In pursuance thereon, on 15.11.2002 at about 7.15 pm, the accused, a barber by profession, entered the house of the deceased where she was residing with her family and thereafter, caught hold of her in front of the kitchen of the said house and
























































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