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2016 Supreme(Online)(KER) 7548

HIGH COURT OF KERALA
P.UBAID, J
BIJU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.BENNY JOSE SRI.P.ABANI

ORDER

The petitioner herein is the sole accused in Crime No. 149 of 2016 of Agali Police Station where investigation is proceedings under Section 302 of the Indian Penal Code .

2. The allegation against him is that he caused the death of his mother. It is yet to be ascertained whether this is in fact a case of murder or only a case of culpable homicide not amounting to murder. The mother was allegedly assaulted by the petitioner herein on 27.02.2016 and the mother died on 09.03.2016. The cause of death shown in the post-mortem certificate is internal bleeding due to the injuries sustained on 27.02.2016. Whether the petitioner pushed the mother and caused the said injuries with the intention to kill her, is a matter to be looked into during trial. He has been in custody since 12.03.2016. The Police has not so far been able to submit final report in the crime. The complaint was in fact filed by the brother of the petitioner. The victim was not immediately taken to the hospital. There are so many circumstances indicating that this is only a case of culpable homicide not amounting to murder. Anyway, it is a fact that the death of the mother was caused by the petitioner herein; whether

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