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2024 Supreme(Ker) 892

RAJA VIJAYARAGHAVAN V., G. GIRISH
NAGARATNAM S/O MARUTHA NAIKAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : P. VIJAYA BHANU, MITHA SUDHINDRAN, M. REVIKRISHNAN.
For the Respondent: ALEX M. THOMBRA.

JUDGMENT :

G. GIRISH, J.

1. Down the serene valleys of the Wayanad Hills, as they existed at that time, on Arnamala Estate Road, lay 24-year-old Ratheesh Kumar in a pool of blood, spilled from 43 incised wounds on his body, from thighs to head, on the night of 29.05.2010. His fervent cries caught the attention of two persons by name Pandian (PW3) and Velayudhan @ Sivanandan @ Swami (PW4) residing in that locality, who rushed to that place. Pandian, on the way to the above place, is said to have seen Nagaratnam, the alleged assailant, fleeing through Arnamala Estate road in his opposite direction with a knife in his hand and a bag around his shoulder. The accused is said to have not responded to Pandian though Pandian called him by his name. The injured, it is said, exhorted Pandian to save him. Within a short time, as informed by Swami, Mohanan (PW5) also reached the spot. Ratheesh Kumar, who was writhing in pain, is said to have told the above persons that Nagaratnam, the accused herein had hacked him with a knife. Mohanan immediately called the parents of Ratheesh Kumar and also one Sankaran Kutty (PW9) residing in that locality who was owning a jeep, to come with his jeep for the

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