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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
MADHU @ BASHEER – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. murder charge based on previous animosity. (Para 1 , 4 , 5 , 6) |
| 2. death confirmed as homicide. (Para 12 , 22 , 23 , 24 , 25) |
| 3. defense argues evidence is weak. (Para 13 , 14 , 15 , 16 , 17) |
| 4. motive questioned; no issue with delayed fir. (Para 54 , 60 , 62) |
| 5. motive irrelevant with direct evidence. (Para 55 , 71) |
| 6. court upholds conviction. (Para 72) |
JUDGMENT
K. V. Jayakumar, J.
This appeal is preferred by the sole accused in S.C. No.1461/2014 of the Additional Sessions Court-VI, Thiruvananthapuram. The appellant stood for trial for the offence punishable under Section 302 of the Indian Penal Code (‘ IPC ’ for the sake of brevity).
2. The learned Sessions Judge found the accused guilty of the offence punishable under Section 302 of the IPC , convicted and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 3,00,000/- with default sentence to undergo rigorous imprisonment for two years. It is further directed that if the fine amount is realised, it shall be paid as compensation to the mother of the deceased.
The prosecution case
4. In this case, the prosecution depicts the story of a brutal murder of a boy aged 19 years, namely Shehanshah, on a
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