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KERALA HIGH COURT
A.M. Khanwilkar, J
Rajan v. State of Kerala (Circle Inspector of Police Mavelikkara)
| Table of Content |
|---|
| 1. conviction for murder based on unreliable witness testimonies. (Para 1 , 2 , 4) |
| 2. inconsistencies create doubt on the evidence provided by witnesses. (Para 3 , 8 , 9 , 10) |
| 3. prosecution must prove guilt beyond reasonable doubt. (Para 5 , 6) |
| 4. a case must be based on trustworthy evidence to uphold a conviction. (Para 12) |
1. Appellant, the second accused in SC No. 216 of 2004 on the file of Additional Sessions Court, Mavelikkara, was convicted and sentenced to imprisonment for life and a fine of Rs.15,000/- and in default rigorous imprisonment for two years for the offence under S.302 read with S.34 of the Indian Penal Code. The first accused was acquitted. Appeal is filed challenging the conviction and the sentence.
2. Prosecution case is that on the night of 14/03/2003 PW 2 Jijo George, the son of PW 1 Ponnamma George and deceased Georgekutty, was reading the books inside the house. PW 2 was then a student of SSLC. Deceased Georgekutty had returned after his work and was sitting near PW 2. The two accused were walking along the canal road, which lies to the west of the residential house of deceased Georgekutty, where he resides along with his wife and children. Wh
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