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2024 Supreme(Ker) 655

A. K. JAYASANKARAN NAMBIAR, SYAM KUMAR V. M.
State of Kerala – Appellant
Versus
Thomas Chacko @ Shibu S/o James – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ambika Devi S.
For the Respondent: V.A. Ajivass.

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. The Criminal Appeal and Death Sentence Reference (DSR) arise from the judgment dated 15.02.2019 of the Additional Sessions Judge I (Special Court), Pathanamthitta in S.C.No. 182 of 2014, by which the appellant/accused was found guilty of the offences under Sections 449, 323, 324, 436 and 302 IPC and sentenced to rigorous imprisonment and fine for various terms for the offences under Sections 449, 323, 324 and 436 IPC and sentenced to death and fine for the offence under Section 302 IPC.

The prosecution case:

2. The prosecution case in brief is that the accused is the elder son of M.T. Chacko [PW6] @ James. Bindhu [PW10] is the wife of Shybu, the younger brother of the accused. Shybu was employed abroad. Bindhu and her minor children namely, Melbin, aged 7, and Mebin, aged 3, were residing in the ground floor of their residential building namely 'Madathethu Veedu' and Chacko [PW6] and his wife Marykutty Chacko [PW7] were residing in the upper floor of the same building. The said residential building stood transferred by PW6 Chacko in the name of the appellant/accused. In connection with the division of the properties, there had been dispute be

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