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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, JOBIN SEBASTIAN
Biju Molla, S/o. Gulmajan Molla – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. appellant's conviction for serious crimes. (Para 1 , 2 , 3) |
| 2. arguments regarding evidence and guilt. (Para 4 , 5) |
| 3. witness testimonies supporting prosecution. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. forensic evidence corroborating witness accounts. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. defense arguments against prosecution's evidence. (Para 19 , 20 , 21) |
| 6. court's reasoning on intent and culpability. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 7. final judgment and dismissal of appeal. (Para 30 , 31) |
JUDGMENT :
(P.B. Suresh Kumar, J.)
The appellant is the sole accused in S.C.No.101 of 2019 on the files of the Additional Sessions Court-II, North Paravur. He stands convicted and sentenced for offences punishable under Section s 449 , 392, 397, 307 and 302 of the Indian Penal Code (IPC).
2. The appellant hails from the State of West Bengal. He was employed as a cleaning staff under one Hasbul Ali Mulla in a factory at Kizhakkambalam. The crime that forms the subject matter of the case was registered on 30.07.2018 at Thadiyittaparambu Police Station. As per the final report filed in the case, at about 9.45 a.m. on 30.07.2018, the appellant, with the intention of committing
The court upheld the conviction for murder and attempted murder based on reliable eyewitness accounts and forensic evidence, establishing intent through the nature of the attack.
If intention of accused was limited to infliction of a bodily injury sufficient to cause death in ordinary course of nature and did not extend to intention of causing death, offence would be murder.
The testimony of eyewitnesses, especially injured witnesses, and the nature of injuries carry great weight in establishing guilt in criminal cases.
The offence under Section 304 Part II IPC applies when culpable homicide occurs without premeditation during a sudden fight between the aggressor and the defendant.
The judgment emphasizes the admissibility of hearsay evidence under the principle of res gestae and the significance of prompt FIR in establishing the truth of the incident.
The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused bey....
Murder case - Conviction - murder of deceased which is proved beyond any reasonable doubt against A1 - But at the same time the Prosecution could not prove any overt act or active involvement of any ....
Point of law : Veracity of the evidence of the said witness cannot be doubted merely because of that reason. Manner of reaction of people cannot be imagined precisely, as the nature of human conduct ....
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