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KERALA HIGH COURT
Not mentioned, J
Asokan v. State of Kerala
| Table of Content |
|---|
| 1. conviction details and events leading to the charges. (Para 1 , 2 , 3 , 4) |
| 2. importance of witness reliability and prosecution burden. (Para 5 , 6 , 18) |
| 3. burden of proof, right to self-defense. (Para 7 , 8 , 9 , 10) |
| 4. legal standards for establishing defenses. (Para 11 , 12 , 13 , 14) |
| 5. credibility concerns regarding witnesses and significance of contradictions. (Para 15 , 16 , 17 , 19 , 20) |
| 6. prosecution's failure to substantiate claims leads to acquittal. (Para 21 , 22 , 23) |
1. The appellant in Crl. Appeal No. 408 of 1979 has been convicted by the Additional Sessions Judge, Parur, under S.304 Part II, IPC. and sentenced to undergo rigorous imprisonment for a period of 7 years He is aggrieved by the conviction and sentence entered against him. The State has filed Crl. Appeal No. 59 of 1980 contending that the Trial Court ought to have recorded a conviction under S.302 IPC.
2. PWs 1 and 5 are sons and PW 6 the brother of the now deceased Kumaran, who died in the occurrence which took place on 14-3-1979 at 1.30 p.m. in front of PW 2's shop in Puthenvelikkara village. There was an earlier Sessions case, in which PW 1's brother Sudheesh was charged with the offence o
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