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2025 Supreme(Online)(Ker) 55496

KERALA HIGH COURT
A.M. Shaffique, J
Misiriya @ Misiriya Rahman v. State of Kerala


Advocates:
For the Appellant: Adv. Meera Suresh
For the Respondent: Adv. Neema

Table of Content
1. overview of the murder charge and initial proceedings. (Para 1 , 2 , 3)
2. summary of eyewitness testimony and its impact. (Para 4 , 5 , 6 , 7 , 8)
3. medical examination and its findings in the case. (Para 9 , 10 , 11 , 12 , 13 , 14)
4. arguments made by the appellant and prosecutor regarding evidence. (Para 18 , 19)
5. court's evaluation of dying declarations and their inconsistencies. (Para 20 , 21 , 22)
6. analysis of evidence and doubts surrounding prosecution's case. (Para 27 , 28 , 29 , 30)
7. (Para 31 , 32)

1. This appeal is filed by the sole accused in SC No.945/2012 on the files of the Additional Sessions Court - 1, Kasaragod challenging her conviction and sentence imposed under S.302 and S.307 IPC .

2. Prosecution case

Due to enmity towards PW1 and his second wife Nafeesath Misiriya, the accused, who is the first wife of PW1, on 7/8/2011 at about 6 a.m., poured petrol upon them while they were sleeping inside their house, through a window and set them ablaze. Both PW1 and Nafeesath Misiriya sustained severe burn injuries and were taken to a hospital in Mangalore. While undergoing treatment, Nafeesath Misiriya succumbed to her injuries at about 8.50 p.m on 15

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