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2022 Supreme(Online)(KER) 50909

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
RAMACHANDRAN
– Appellant
Versus

STATE OF KERALA – Respondent


Advocates:
ADV.P.G.JAYASHANKAR(STATE BRIEF), SMT.AMBIKA DEVI S., SPECIAL GOVERNMENT PLEADER

JUDGMENT

Vinod Chandran, J.

A petty attempt to steal rubber sheets ended with the brutal murder of a septuagenarian; a house wife who was alone in the house. The charge was of A1 and A2 having trespassed into the house of the deceased to steal rubber sheets and on detection, a confrontation ensued between the deceased and the accused. A1, brutally stabbed the deceased with a knife and stole the ornaments from the dead body. A1 and A2 then ran outside to the jeep of A3, in which they had come to the house of the deceased. Both the accused climbed in and A1 spoke of the scuffle ending in the stabbing, to A3; the latter of whom shared the proceeds of the thievery, having actively involved in selling the stolen ornaments.

2. A3 turned approver and was examined as PW2.

The prosecution in the trial against A1 and A2 paraded 23 witnesses and marked Exts.P1 to P40, some of the documents in series and produced 11 materials objects. The defence did not examine any witness and marked D1 contradiction. A1 was sentenced to life and fine of Rs.20,000/- under Section 302 , RI for 7 years and fine of Rs.10,000/- under Section 392 , RI for 3 months under Section 447 and RI for 2 years under Section 51

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