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2020 Supreme(Ker) 1015

A.HARIPRASAD, M.R.ANITHA
Priyan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : S. Rajeev, K.K. Dheerendrakrishnan, V. Vinay, D. Feroze and K. Anand, Advs.
For the Respondents: Public Prosecutor, S.U. Nazar and Alex M. Thombra, Sr. Public Prosecutors

JUDGMENT :

M.R. Anitha, J.

1. Appellant is the accused in S.C. No. 161/2013 of Additional Sessions Judge, Irinjalakuda. By the impugned judgment he has been convicted and sentenced by the court below under Secs. 302, 307 and 201 IPC.

2. The prosecution case in short is as follows:

    On 24.9.2011 at about 7.45 pm the accused, PW1, PW3 and CW4 assembled at the rear compound of Thythara temple and there occurred some wordy altercation between the accused and PW3. It was questioned by PW1. The accused thereupon had a quarrel with PW1 and people assembled there sent him away from there. Out of that enmity, accused at 8.45 pm came near the house of PW1, while he was about to go by his motor cycle, and stabbed at his left side of abdomen and left leg with MO1 knife. Then deceased came to the spot and intervened. There upon accused stabbed him fatally below the left chest and on the back of left shoulder by MO1 and caused instant death of the deceased. He gave a false confession initially resulting in recovery of MO10 knife and subsequently gave Ext. P10(a) disclosure statement leading to recovery of MO1 and it has been done with the intention of escaping from a possible conviction.

3. On the

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