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2021 Supreme(Online)(KER) 18431

HIGH COURT OF KERALA
K VINOD CHANDRAN, Ziyad Rahman A. A, JJ
THOMAS @ KUNHUMON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: R.KRISHNAKUMAR (CHERTHALA)
For the Respondents: S.U.NAZAR

Table of Content
1. accused murdered brother following a financial dispute. (Para 2 , 10)
2. evidence credibility determined through thorough corroboration. (Para 4 , 14 , 21)
3. defense highlighted inconsistencies in eyewitness accounts. (Para 5 , 6 , 12)
4. eyewitness testimony can support conviction even with discrepancies. (Para 15 , 20)

JUDGMENT

Ziyad Rahman A.A., J.

The appellant is the accused in S.C. No. 803/2014 on the file of the Court of Additional Sessions Judge-III, Thalasserry, who stands convicted for the offence under Section 302 of Indian Penal Code (I.P.C). He is accused of committing murder of his own brother, in front of their mother.

2. Payyavoor Police registered Crime No. 33/2014 against the appellant and after investigation, they filed a charge sheet before the Judicial First Class Magistrate’s Court, Thaliparamba. After completing the formalities, it was committed to the Sessions Court, wherein it was tried and it resulted in the impugned judgment convicting the appellant and sentencing him to undergo imprisonment for life and to pay a fine of ₹ 5000/-. The appellant /accused was arrested on the next day of the incident, i.e on is 21/01/2014 and he is in judicial

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