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2015 Supreme(Ker) 370

K.T.SANKARAN, B.SUDHEENDRA KUMAR
VELLINKIRI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. S. SACHITHANANDA PAI
For the Respondent: PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

JUDGMENT :

Sudheendra Kumar, J.

The appellant is the first accused in S.C.No.536 of 2007 on the files of the Sessions Court, Palakkad, who in this appeal challenges the judgment of conviction and sentence passed by the trial court under Section 302 I.P.C.

2. The prosecution allegation is that on 24.5.2006 at about 6 p.m., the appellant inflicted fatal injuries on the head, neck and other parts of the body of deceased Mallika with MO1 chopper at the courtyard of the house of the deceased and as a consequence, she succumbed to the injuries at or about the same time. The above incident was witnessed by PW4, who informed the matter to PW3, who in turn went to the police station and gave Ext.P2 F. I. statement to PW9. After recording Ext.P2 statement, PW9 registered Ext.P2(a) F.I.R. The investigation was taken over by PW10 on 25.5.2006. He conducted inquest on the body of the deceased Mallika on the same day and prepared Ext.P3 inquest report. He did not prepare any separate scene mahazar as the place of occurrence was clearly described in Ext.P3. The appellant was taken into custody by the police constables, who were on surveillance duty at the place of occurrence, with the assistants of

























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