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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
THAHIRA. B – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts outlining the conviction of the petitioner’s husband and the subsequent legal challenges. (Para 1 , 2) |
| 2. legal reasoning on the application of section 428 cr.pc and the right to set-off. (Para 3 , 5 , 7) |
| 3. court's affirmation of due process rights and the granting of the writ. (Para 6 , 8 , 9) |
K.BABU, J.
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W.P (Crl) No.78 of 2026 ---------------------------------------
Dated this the 13th day of March, 2026 JUDGMENT The petitioner is the wife of Sri.Shereef.K (Convict No.8585), who has been lodged in the Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram. He was convicted under Section 302 of IPC by the Sessions Court, Thiruvananthapuram in Sessions Case No. 1222/2011. He was also convicted under various penal sections of the Indian Penal Code. The Sessions Court sentenced him to death penalty under Section 302 of IPC. He challenged the conviction and sentence in Criminal Appeal No.40/2014 before this Court. This Court confirmed the conviction, but commuted the death sentence to life imprisonment. In the judgment convicting the accused/convict, set-off as provided in Section 428 Cr.PC was not expressly gi
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