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2020 Supreme(Ker) 338

A.HARIPRASAD, N.ANIL KUMAR
Antoney @ Kuttiyachan, S/o. Varkey – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Nandagopal S.Kurup
For the Respondent: Mr.S.U. Nazar

JUDGMENT :

N.ANIL KUMAR, J.

This appeal is directed against the judgment in S.C.No.5/2015 dated 31.12.2015, passed by the court of Additional Sessions Judge, Pala, for the offences punishable under Sections 449, 302 and 307 of the Indian Penal Code, 1860 (for short 'the IPC'), convicting and sentencing the appellant/accused for the aforesaid offences under various spells including life imprisonment under Section 302 IPC. The appellant assails his conviction and sentence passed by the trial court for the aforesaid offences, rejecting his defence that the investigating officers have manipulated the entire case out of sheer anxiety to punish the appellant/accused.

2. The prosecution case in brief is as hereunder:-

The deceased Joseph.J.Njavallil was a businessman and an agriculturist. He was residing along with his wife and two children in House No.507 in Ward No.9 of Thidanadu Grama Panchayat. The deceased had entered into an agreement with the accused for slaughter tapping in respect of 1500 rubber trees standing in his estate for an amount of Rs.1,50,00,000/-. The agreement period was three years starting from December, 2012. Initially, the accused had paid an amount of Rs.60,00,000/-a

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