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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
AMMED – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. description of the incident leading to the trial. (Para 2 , 3 , 4 , 6 , 7) |
| 2. eyewitness testimonies and medical evidence. (Para 8 , 9 , 10 , 11) |
| 3. validating medical evidence related to cause of death. (Para 13 , 14 , 15) |
| 4. credibility of testimonies from family members. (Para 16 , 17 , 18 , 19) |
| 5. legal definitions of murder and culpable homicide. (Para 23 , 24 , 25) |
| 6. distinction between murder and lesser culpable homicide. (Para 26 , 27 , 28 , 29) |
| 7. final ruling and alteration of conviction. (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 injuries. Following the said inc
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