IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
AMMED – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. incident description leading to murder charges. (Para 2 , 4 , 6) |
| 2. eyewitness testimonies support prosecution's case. (Para 7 , 8 , 9) |
| 3. medical evidence links death to stab wound. (Para 10 , 11) |
| 4. interpretation of medical testimony regarding death. (Para 12 , 13 , 15) |
| 5. witness credibility challenged, but upheld. (Para 16 , 17 , 18) |
| 6. legal standards for defining murder vs. manslaughter. (Para 23 , 24 , 25) |
| 7. accused's intention during quarrel reconsidered. (Para 26 , 27 , 28) |
| 8. final decision on the charges and sentencing. (Para 30 , 31) |
JUDGMENT
Jobin Sebastian, J.
The sole accused in S.C. No.894/2017 on the file of the Sessions Court, Kozhikode, has preferred this appeal challenging the judgment of conviction and the order of sentence passed against him for the offences punishable under Sections 324 and 302 of the Indian Penal Code .
2. The prosecution case in brief is as follows:
The accused and the deceased Subair were brothers, residing together in their ancestral house bearing No.IX/2015 of Valayam Grama Panchayath. Prior to the incident, the deceased had purchased a pair of goats. But a dog attacked and killed one of the said goats, and the other sustained
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