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2024 Supreme(Online)(KER) 57152

HIGH COURT OF KERALA
SOPHY THOMAS, J
JAMES – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.D.ROBIN, SRI.R.ANUP
For the Respondents: SMT.SEENA C

Table of Content
1. no prejudice shown; conviction upheld. (Para 33 , 36)

J U D G M E N T

This appeal is at the instanance of the sole accused in SC No.325 of 2005 on the file of Additional Sessions Judge (Adhoc-I), Ernakulam challenging his conviction and sentence under Section 306 of IPC , vide judgment dated 19.10.2007.

2. The prosecution case is that, between 10.30 p.m on 26.04.1998, and 5.30 a.m on 27.04.1998, one Ms.Bindu committed suicide by hanging, on the lean-to of the house of the accused bearing No.12/700 in Rayamangalam Panchayath, and it was the accused who abetted her suicide. The accused removed her dead body to a rubber estate for destroying evidence. So he was charged under Section 306 and 201 of IPC .

3. On committal, and on appearance of the accused before the trial court, charge was framed against him under Sections 306 and 201 of IPC , to which, he pleaded not guilty and claimed to be tried.

4. PWs 1 to 10 were examined, Exts.P1 to P15 were marked and MOs 1 to 3 were identified.

5. On closure of prosecution evidence, accused was questioned under Section 313 of Cr.P.C. He denied all the incriminating circumstances brought on record, and he pleaded innocence. N

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