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2022 Supreme(Online)(KER) 57002

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
CHANDRU, C-1197/16, CENTRAL PRISON, KANNUR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
JOSWIN THAMBI KUNATH (STATE BRIEF), PUBLIC PROSECUTOR

JUDGMENT

K.Vinod Chandran, J.

Passions run high in migrant labour camps and this is one such case wherein a Kannadiga killed a native of Odisha; both migrant labourers. The accused and the deceased, according to the prosecution, were staying in the neighbouring quarters. There was some financial transaction between them, which led to a quarrel and then, on the crucial day, the accused trespassed into the residential quarters of the deceased, exchanged hot words with the deceased and eventually stabbed the deceased, as also his brother who sought to intervene. Both the injured were taken to the hospital and one of them succumbed to the injuries. The accused stood trial, in which the prosecution examined 17 witnesses, marked 21 documents as Exts. P1 to P17 (a) and produced three material objects. The trial court found the accused guilty under sections 324, 450 and 302 of the IPC . Life imprisonment was imposed under Section 302 along with term imprisonment of three years and 45 days under section 324 and 450 . The trial court also imposed fines and default sentences.

2. Sri. Joswin Thambi Kunnath, learned Counsel appearing for the appellant/accused argued for the acquittal of the acc

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