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2011 Supreme(Online)(KER) 43346

HIGH COURT OF KERALA
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
vs


Advocates:
SRI.SHAIJAN C.GEORGE, SRI.JOHN VIPIN, SMT.S.A.SHERLY, SMT.SAJITHA GEORGE

JUDGMENT

K.M. Joseph, J.

Appellant is the accused in SC.No.312/05 on the file of the Additional Sessions Court (Adhoc)II, Thodupuzha. He stands convicted for the offence punishable under Section 302 of the Indian Penal Code. He has been sentenced to imprisonment for life and also to pay a fine of Rs.50,000/= with default sentence.

2. Briefly put, the prosecution case is that at 11 A.M. On 9.11.1996, the appellant with the intention of doing away with his wife Nazeera, beat her on her cheek in his house and when she fell unconscious on the bed, the appellant put potassium cyanide into her mouth, causing her death. Crime No.243/96 of Adimaly Police Station was registered on the basis of the information given by PW1. After investigation was completed, a charge was laid before the Judicial First Class Magistrate Court, Adimaly and the case was committed by it to the Court of Session, Thodupuzha. Before the court below, the prosecution examined Pws.1 to 20 and marked Exts.P1 to P18 on the side of the prosecution. Mos. 1 and 2 were also marked. There is no oral testimony adduced on the side of the appellant. He has marked Exts.D1 and D2.

3. The trial court after appreciation of the evidence,

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