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2019 Supreme(Ker) 795

MARY JOSEPH
Sandeep Saju, S/O. Saju – Appellant
Versus
State Of Kerala Represented By Public Prosecutor, High Court Of Kerala, Ernakulam-682 032 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.J.R.PREM NAVAZ, SRI.SUMEEN S.
For the Respondent: SRI.C.K.PRASAD, PUBLIC PROSECUTOR

ORDER :

The petition on hand is filed by the sole accused in S.C No.663/2017 pending on the files of Court of Sessions, Alappuzha that arose from Crime No.148/2017 of Harippad Police Station, Alappuzha District. The offences allegedly involved are punishable under Section 302 of Indian Penal Code (for short, 'the I.P.C') and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC/ST (PA) Act').

2. The prayer in the application is to delete Section 3(2)(v) of SC/ST (PA) Act from Annexure-A1 Final Report/Charge sheet, based on which Court of Sessions, Alappuzha has registered S.C No.663/2017 on its file. The allegation of the prosecution was that at 5.30 pm on 24.01.2017 due to previous animosity against one Mr. Ullas, aged 28 years and with intention to do him away, the petitioner inflicted stab injuries on his chest, hands, legs, abdomen and other parts of his body using a knife, infront of Saji Bhavan situated in Karuvatta Thekku Muri, Kumarapuram Village, intentionally and knowingly that by such acts, death of that person would be resulted. Consequently, the victim succumbed to injuries on 31.01.2017 at 5.25 pm. For

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