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2025 Supreme(Ker) 2142

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V. JAYAKUMAR
Karuppaswamy S/o Jadayan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K. Anand, Gowri Menon, Benny Antony Parel, S. Sreenath, T.M. Muhamed Hafees
For the Respondents: Neema T.V., Hamdan Mandoor K.

JUDGMENT :

K.V. Jayakumar, J.

1. This appeal is preferred by the sole accused in S.C. No.290/2012 of the Special Court for SC/ST (POA) Act/Additional Sessions Court, Mannarkkad dated 17.05.2019. The appellant stood for trial for the offences punishable under Section 302 of the INDIAN PENAL CODE (‘IPC’ for the sake of brevity) and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (‘the SC/ST (POA) Act’ for the sake of brevity).

2. The learned Special Judge found the accused guilty for the offence punishable under Section 302 of the IPC, convicted and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- with default sentence to undergo rigorous imprisonment for one month. The learned Special Judge found the accused not guilty for the offence punishable under Section 3(2)(v) of the SC/ST (POA) Act.

The prosecution case

3. The appellant, Karuppaswamy, is alleged to have committed the murder of his own brother-in-law namely, Sundaran, on 15.11.2000. The appellant, Karuppaswamy, belongs to Valayan community, which comes under OBC category. The deceased Sundaran, a tribal man, fell in love with the sister of the accu

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