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2018 Supreme(Ker) 87

A.M.SHAFFIQUE, P.SOMARAJAN
V. P. Ashraf – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : V.K. Hema
For the Respondents: Ambika Devi

JUDGMENT :

Somarajan, J.

1. The accused came up with this appeal against the judgment of conviction and order of sentence under Section 302 IPC, dated 16.09.2014, in Sessions Case No. 592/2013 of the IInd Additional Sessions Judge, Kozhikode.

2. The victim involved is the wife of accused. The alleged incident took place within the secrecy of the bedroom of accused and victim during the odd hours of night on 05.12.2012. Some of the children of victim and accused were present in the said house. Two married daughters, PW4 Asheeba and Afsath were present in the said house besides PW1, the son of deceased, PW2, another daughter of the deceased and the mother of the deceased. On that night by 11.00 p.m. all of them went to their respective bedrooms. By 1.30 a.m. PW2 woke up. While she was on her way to bathroom, she found the bedroom of accused and deceased lying open. The electric light in the bedroom was burning, besides the light at the central hall and verandah. The front door of the house was also lying opened. PW2 entered into the bedroom of accused and deceased and saw the deceased lying on the bed. Her dress was in a lifted condition. There was bleeding from her nose. The dress worn

































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