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2017 Supreme(Ker) 1008

A.M.SHAFFIQUE, P.SOMARAJAN
Biju, Karuvannur Desom – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:P. Vijaya Bhanu, Sr. Advocate, M. Revikrishnan, Vipin Narayan, Advocates
For the Respondent: S. Ambika Devi, Spl. Public Prosecutor

JUDGMENT :

Shaffique, J.

1. The accused in S.C.No.442/2002 of the Court of 1st Additional Sessions Judge, Thrissur has preferred this appeal challenging the judgment dated 13/05/2011 by which he was convicted for offence punishable Under Section 302 and 201 of the Indian Penal Code (for short 'IPC'). He was sentenced to undergo imprisonment for life and to pay a fine of Rs.2 lakhs, in default of which to undergo rigorous imprisonment for two years for the offence under Section 302 IPC. No separate sentence was passed under Section 201 IPC since he was sentenced to undergo life imprisonment for the offence under Section 302.

2. A girl named Rekha was missing from her house. A man missing complaint was filed before the local Police Station and on investigation it was found that she was murdered and her dead body was hidden in a pit. Prosecution case proceeded on the basis that Rekha had a love affair with the accused. Accused came to know that the parents of the deceased will not support their relationship. On 07/04/2000, he requested Rekha to have sexual intercourse with him while she was returning from a nearby shop. When she refused, he caught hold on her neck, caused throttling, and

















































































































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