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2020 Supreme(Ker) 149

A.HARIPRASAD, N.ANIL KUMAR
Lalu Joseph S/o. Joseph – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.BABU S. NAIR SMT.M.LISHA, SRI.P.A.RAJESH, SMT.SMITHA BABU, SMT.SHAMSEERA. C.ASHRAF
For the Respondent: SRI.ALEX.M.THOMBRA

JUDGMENT :

N.Anil Kumar, J.

This appeal is directed against the judgment passed by the learned IIIrd Additional Sessions Judge, Manjeri in Sessions Case 420/2012, arising out of Crime No.7/2011 of Edakkara Police Station for the offences punishable under Sections 302 and 307 of the Indian Penal Code. By judgment dated 11.11.2016, the learned Sessions Judge convicted and sentenced the accused to undergo imprisonment for life and to pay a fine of Rs.1 lakh and in default of payment of fine, to undergo rigorous imprisonment for a further period of four months for committing the offence under Section 302 of IPC and to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/-and in default to undergo rigorous imprisonment for a period of one month for committing the offence under Section 307 of IPC. The above sentences were ordered to run concurrently.

2. Brief facts which are necessary to dispose of this appeal are stated as hereunder:-

    One Abdul Sammad (PW13) was the owner and in possession of 33 rubber trees at Palemad comprised in Sy.No.980/1 of Edakkara Village. On 5.1.2011, PW13 executed Ext.P2 agreement in favour of PW1-Rasheed. The accused had made an unsuccessful a

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