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2024 Supreme(Ker) 1046

RAJA VIJAYARAGHAVAN V., G. GIRISH
Nazeer, S/o. Habeeb Khan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Adv. Padmalayan. P.P.
For the Respondent: SRI.ALEX M.THOMBRA, SR.PUBLIC PROSECUTOR

JUDGMENT :

Raja Vijayaraghavan. J.

The appellant in this case, Sri. Nazeer, a fish vendor, was arrayed as the accused in S.C.No.375 of 2011 on the file of the Special Judge for the Trial of Offences Against Women and Children (Additional Sessions Judge-I), Thalassery. He has been convicted under Sections 449, 392, and 302 of the IPC for murdering for gain, his neighbour, a 65-year-old spinster. By judgment dated 29.11.2017, the appellant was found guilty and sentenced to undergo imprisonment for life and to pay a fine of Rs.1 lakh under Section 302 of the IPC and in default, to undergo simple imprisonment for one year; to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lakh under Section 392 of the IPC and in default, to undergo simple imprisonment for one year; to undergo rigorous imprisonment for seven years and to pay a fine of Rs.75,000/- under Section 449 of the IPC and in default, to undergo simple imprisonment for six months.

Background Facts:

2. The deceased was residing alone in the Taravad house, numbered VII/143, situated in Eranholy Panchayat. Ext.P15, the scene mahazar, provides a picture of the location and surroundings of the home of the

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