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2024 Supreme(Online)(KER) 2024

HIGH COURT OF KERALA
P. B. Suresh Kumar, JOHNSON JOHN, JJ
SUNIL KUMAR, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
ADV LATHEESH SEBASTIAN
ADV. SRI. E.C. BINEESH, PUBLIC PROSECUTOR

JUDGMENT

Johnson John, J .

The sole accused in S.C No.666 of 2018 on the file of the Additional Sessions Judge - IV, Kollam, filed this appeal challenging the conviction and sentence imposed on him for the offences under Section 302 IPC and Section 27 of the Arms Act as per the impugned judgment dated 17-06-2019.

2. The prosecution case is that the accused suspected illicit relationship between his wife and the deceased Prasad and on 20-01- 2016 at about 5.20 p.m., when the accused reached his house, he saw the deceased near his wife and because of that enmity and with the intention to commit the murder of Prasad, he chased the deceased in his Aviator scooter bearing registration No.KL-24-H-249 armed with a sword stick. When the accused reached near house bearing No.IV/153 of Kadakkal Grama Panchayat situated on the northern side of the Kuttikad Kottappuram Panchayat road, he saw the deceased standing in front of the said house and then the accused questioned the deceased and took the sword from the back of his shirt and stabbed on the left chest of Prasad. The deceased who sustained grievous injuries died on the spot and the accused is thereby alleged to have committed the offences a

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