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2020 Supreme(Ker) 764

A. HARIPRASAD, M. R. ANITHA
E. P. Paul @ Roy, S/o. Poulose – Appellant
Versus
State of Kerala, Represented By The Circle Inspector of Police, Thiruvalla Police Station Through The Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Appellant : Sri. Dinesh Mathew J. Muricken, Sri. K.A. Abhilash, Smt. T.J. Amrutha, Sri. P.P. Kurien, Smt. Priyanka Varghese, Sri. N.R. Sangeetharaj, Sri. Vinod S. Pillai.
For the Respondent: Sr. Government Pleader Smt. Sylaja S.L.

JUDGMENT :

M.R. Anitha, J.

1. Appellant is the sole accused in S.C. No.396/2009 on the files of Additional Sessions Judge-III, Pathanamthitta. By the impugned judgment, the learned Addl. Sessions Judge convicted the appellant/accused under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,00,000/-(Rupees one lakh only) in default to undergo rigorous imprisonment for six months.

2. Prosecution case can be summarized as follows:-

    Deceased Anukuttan was the nephew of the appellant/accused. On the fateful day on 08.08.2005 at about 6.30 p.m. while Anukuttan was going along with PW4, accused called him and took him by holding his hand After that he struck his head on the road by holding the leg. On the immediate next day at 4.50 am he succumbed to the injuries. Thereby, appellant committed the offence aforementioned.

3. Immediately after the incident he was taken in the autorickshaw of PW7 to Kuttoor taxi stand, thereafter to Pushpagiri Hospital. PW2 who was the Casualty Medical Officer at Pushpagiri Medical College, Thiruvalla examined him and issued Ext.P2 wound certificate. Thereafter, PW4 lodged the FIS which is marked as Ext.P4. PW10, the Assis

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