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2023 Supreme(Ker) 712

A. K. JAYASANKARAN NAMBIAR, KAUSER EDAPPAGATH
K. Babu, S/o. Kunjukuttan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.RENJITH B.MARAR, SMT.LAKSHMI.N.KAIMAL
For the Respondent: SRI.K.P.SATHEESAN (SR), SC, CBI

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

The accused in S.C.No.425/2009 before the IIIrd Additional Sessions Court, Ernakulam (CBI) is the appellant before us in this Criminal Appeal that impugns the conviction and sentence awarded to him by the trial court which found him guilty of the offences punishable under Sections 302, 383, 449, 397, 392, 201 of the Indian Penal Code [IPC].

The case of the prosecution:

2. The prosecution case was that on the night of 5.12.2006 between 18.45 hours and 19.00 hours, the accused trespassed into the residence of Kumaranunni Nair and Anandavally Amma with the intention of killing them. During a scuffle that occurred inside the house, he strangulated Kumaranunni Nair who became unconscious and fell down. When Anandavally Amma arrived at the scene hearing the noise, the accused inflicted multiple injuries on her with a Billhook/Koduval and murdered her. He thereafter murdered Kumaranunni Nair who had regained consciousness in the meanwhile, by inflicting multiple injuries on him as well using the same Koduval. The accused then cut and removed two gold bangles from Anandavally Amma's hands and also took a gun and cash of Rs.550/-that belonged to Kumaranu

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