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2024 Supreme(Ker) 1619

P. B. SURESH KUMAR, JOBIN SEBASTIAN
SUNEESH @ SUDHEESH @ MONAI S/O SURENDRAN – Appellant
Versus
STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : SERGI JOSEPH THOMAS, RENJIT GEORGE, A. MOHAMMED
For the Respondents: AMBIKA DEVI S., BINDU O.V.

JUDGMENT :

JOBIN SEBASTIAN, J.

1. The sole accused in S.C. No. 951/2014 on the file of Additional Sessions Court-III, Kollam, has preferred this appeal challenging the judgment of conviction and the order of sentence passed against him for offence punishable under Section 302 of the Indian Penal Code.

2. The facts of the case in brief are as follows:

    The deceased Binu was a widow having two children. After the death of her husband she developed an affair with the accused and they lived together as husband and wife. While so, the accused started to doubt the fidelity of Binu and hence their relationship got strained. Then the accused demanded back the money which he had lent to Binu and also spread scandalous rumours against her. Then Binu warned and threatened the accused to desist from spreading such rumors. As a result, the animosity of the accused towards Binu was further inflamed. On 29.05.2013 at 7.15 a.m. Binu, as usual, left her house for work by walking along a pathway passing through a rubber estate. Then the accused, followed her and struck on her head with a granite stone. Due to the impact, Binu fell down to the ground, face down. Then the accused caught hold on her tuft an

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