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KERALA HIGH COURT
K.S. J., J
Madathaniyil Thankachan @ Abraham v. State
| Table of Content |
|---|
| 1. fact patterns establishing the charge against the accused. (Para 1 , 2 , 3) |
| 2. arguments regarding the appropriateness of the conviction. (Para 7 , 8) |
| 3. court assessment of evidence and applicable legal standards. (Para 11 , 12 , 16) |
| 4. determination of the appropriate conviction and sentence. (Para 14 , 17 , 18) |
1. The appellant is the accused in Sessions Case No.5/2003 on the file of the Special Judge for trial of offences under Act 33 of 1989 at Thalassery.
2. The above case is charge-sheeted against the accused by the Kelakam Police, alleging offences punishable under S.302 I.P.C. and S.3 (2) (V) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
3. The prosecution case is that on 10.06.2001 at about 6.30.p.m., near Melecolony in Mannamchery, in Kottiyoor amsom near the road to Mannamchery colony from Kandappanam, the accused, with the intention and knowledge, committed the murder of Gopalan, who belong to Paniya community, by inflicting a fatal injury by stabbing on the left side of his neck and thereby committed the offence.
4. To substantiate the case, the prosecution examined PW1 to PW13. Exhibits P1 to P13 are the exhibits on the side of
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