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1989 Supreme(Online)(Ker) 13

KERALA HIGH COURT
Padmanabhan, *Shamsuddin, JJ.
Thamban v. State of Kerala


1The accused in Sessions Case No. 19 of 1985 on the file of the Court of Sessions, Manjeri is the appellant in this Criminal Appeal.

2 The accused was charged for offences punishable under S.302 and 307 IPC and convicted under S.302 and 324 IPC and sentenced to undergo imprisonment for life under S.302 IPC and to undergo rigorous imprisonment for one year under S.324 IPC. The sentences were ordered to run concurrently

3 The prosecution case may be summarised as follows:
The accused was living in a hut with his wife, Annie, and their six month's old baby by name Abymon. The paternal grandfather of the accused was also living with them. A few days before the occurrence the accused had some urinal complaint and he underwent treatment for that in the Nilambur hospital. After discharge, the accused stopped going for daily labour and there were frequent quarrels between the accused and his wife PW. 2 regarding this. On 16-6-1984 at about 9 A.M. the accused and his wife PW. 2 quarrelled on the same subject and the accused who got enraged took out a sickle and inflicted a cut on the chest of the infant who was lying on the floor at that time. When Annie protested, the accused inflicted cuts o






















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