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2014 Supreme(Online)(KER) 29654

HIGH COURT OF KERALA
K.S.RADHAKRISHNAN, P. B. Suresh Kumar, JJ
RAJESH,S/O.RAJAKUMARAN,C.PRISON,KANNUR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SMT. K.S.MARXI [STATE BRIEF], SRI. K.K. RAJEEV

J U D G M E N T

Thottathil B. Radhakrishnan,J.

1. Appellant stands convicted and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code . Hence, he appeals from the jail, with legal assistance at State expense.

2. Heard.

3. The allegation against the accused is that he inflicted a stab injury on the victim at about 09.00 p.m. on 09.06.2008 in the course of a dispute which arose between him and the victim regarding use of a sleeping mat. They are cleaning workers in a hotel. One Ashokan who had left that hotel was earlier using that mat. After the alleged incident, the injured continued to be there Crl. Appeal No.1904 of 2010 2 itself till next evening and at about 03.30 p.m. on 10.06.2008, he went alone from there to the hospital, complaining of pain in the abdomen and succumbed in the presence of PW14, the doctor of the Government hospital who gave Ext.P6 intimation to the police which led to the registration of F.I.R.

4. PW1 is a waiter in the hotel, which is near the Sakthan Thampuran Market in Thrissur. According to him, while he was sitting outside the hotel and chopping vegetables, the accused and the victim picked up a quarrel as usual. The alterc

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