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2019 Supreme(Ker) 38

A.M.SHAFFIQUE, SHIRCY V.
Devassia – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Appellant : Shirlymol Thomas (State Brief), Adv.
For the Respondent: Sri. S.U.Nazar Senior Public Prosecutor.

JUDGMENT :

Shircy V., J.

This appeal is directed against the judgment dated 07.09.2015 passed by the learned Principal Sessions Judge, Kottayam in S.C. No.357 of 2013, whereby, the accused (hereinafter referred to as the appellant) was convicted for the offences punishable under Sections 449 and 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,00,000/- (Rupees one Lakh only) for the offence under Section 302 of IPC. He was also sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 25,000/- (Rupees Twenty Five Thousand only), in default to undergo simple imprisonment for six months for the offence under Section 449 of IPC. The sentences were ordered to run concurrently.

2. The brief facts, as culled out from the prosecution case are that the appellant was entertaining enmity towards the deceased, the father of PW1, namely, Devasya (hereinafter referred to as the deceased), on a wrong notion that the deceased was causing hindrance/obstruction to him in disposing of his property having an extent of 1 and ¾ cents which he received as share in partition of his family property. Due to hi




































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