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2016 Supreme(Ker) 164

P.BHAVADASAN, RAJA VIJAYARAGHAVAN V.
Vijaya Kumar – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
Sri. B. Raman Pillai, Sri. R. Anil, Sri. Anil K. Mohammed, Sri. Sujesh Menon V.B., Sri. Shyam Aravind, Sri. T. Anil Kumar, Sri. Manu Tom
Public Prosecutor Smt. Jasmine V.H.

JUDGMENT :

Raja Vijayaraghavan V., J.

1. The appellants figured as accused Nos.1 and 2 in S.C. No. 1980 of 2008 and they, along with one Sheela, were prosecuted for having committed offence punishable under Section 120-B, 364, 368, 302 & 201 read with Section 34 of the IPC. The learned Additional Sessions Judge acquitted the 3rd accused of all charges and the appellants were found not guilty of the offence under section 120 B, 364, 368 r/w section 34 of the IPC. However, they were found guilty for the offence under Section 302, 201 read with Section 34 of the IPC and were sentenced to undergo imprisonment for life and also to pay a fine of Rs.50,000/-each with a default clause of RI for five years each for the offence under Section 302 read with Section 34 of the IPC. They were also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/- with a default clause of six months for the offence under Section 201 read with Section 34 of the IPC. The aforesaid conviction and sentence are under challenge in this appeal.

2. The prosecution case unfolded in the following manner:-

On 25.6.2004, PW 2 -Vivin Varghese, the son of deceased P.J. Varghese approached the





































































































































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