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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

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. No defence evidence was adduced except marking Ext.D1 thondi list.

6. On a

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