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2025 Supreme(Online)(KER) 1195

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, P. V. BALAKRISHNAN, JJ
SHAMSUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADV SHARAN SHAHIER, ADV SMT.AMBIKA DEVI S, SR. PP SMT NEEMA T V

JUDGMENT

P.V.BALAKRISHNAN,J This appeal is filed by the sole accused in S.C.No.1082/2015 challenging his conviction and sentence imposed under Section 302 IPC by the Additional Sessions Court (Marad Cases) Kozhikode.

Prosecution case

2. The victim Fazeela was married to the accused and was residing in her matrimonial home at Kundaithode. A girl child was also born in that wedlock. The accused, by suspecting the chastity of his wife, used to torture her and they indulged in regular quarrels. The accused also subjected her to cruelty demanding more gold and money. On 26/12/2014, some time between 11am and 12.15 pm, the accused beat Fazeela using a wooden plank and when she fell unconscious, tied a shawl around her neck and strangled her and killed her. Thereafter, the accused hanged her on a bar in the window of the bedroom to make it appear as suicide. Hence, the prosecution alleged that the accused has committed the offences punishable under Sections 302 and 498A IPC . Proceedings in the trial court

3. In order to prove the prosecution case, PW1 to PW25 were examined and Exhibits P1 to P26 and MO1 to MO12 were marked. Exts.D1 and D1(a) contradictions were also marked from the side o

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