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2020 Supreme(Ker) 546

A.HARIPRASAD, M.R.ANITHA
Subhash @ Ansari – Appellant
Versus
State Of Kerala, Represented By Director of Public Prosecution – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.S.Sanal Kumar, Smt.Bhavana Velayudhan, Smt.T.J.Seema, Advs.
For the Respondent: Smt. Sylaja S.L., Special Public Prosecutor

JUDGMENT :

M.R.Anitha, J.

1. This appeal has been filed against the conviction and sentence passed against the appellant/accused in S.C.115/2014 by the Additional Sessions Judge, Pala.

2. The prosecution case in short is that the deceased, a widow, got acquaintance with the accused while working in a rubber factory at Thikkody grama panchayat. It developed into an intimacy and he used to visit house No.IV/122 of Thikkody panchayat, of the deceased. For having easy going to the house of the deceased, the accused took shed No.IV/159 owned by PW19 in Thikkody panchayat on lease. Thereafter accused wanted to marry the deceased who was not prepared for the same. There used to have quarrel with respect to that in between them. The deceased had been living in her house with her 12 years old daughter, PW2. While so, on 14.11.2013, the accused slept in the house of the deceased and had altercation with the deceased with respect to their marriage and did not left the house in the morning as usual. At about 1.00 pm on 15.11.2013, the accused trespassed into the middle bedroom of the deceased and there was an altercation between them which resulted in a push and pull. He caught hold of the tuft o

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