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2019 Supreme(Online)(KER) 41077

HIGH COURT OF KERALA
A.M.SHAFFIQUE, A.M.BABU, JJ
SHAJAHAN @ SHAJIMON – Appellant
Versus
STATE OF KERALA    Advocate - ADDL DIRECTOR GENERAL OF PROSECUTION ADDL DIRECTOR GENERAL OF PROSECUTION – Respondent


J U D G M E N T

Shaffique, J.

The appeal under consideration has been preferred by the appellant calling in question the judgement of conviction and order of sentence passed by the 3rd Additional District and Sessions Judge, Palakkad by which the appellant herein was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of `50,000/- (Rupees Fifty Thousand only) with a default stipulation of rigorous imprisonment for one year. It was also directed that the fine amount if realized, shall be given to the parents of the deceased as compensation under Section 357(1) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.').

2. Prosecution case, in short, is as under:

On 18/08/2009 at about 05.30 p.m., the appellant herein due to his enmity towards Anjisha for her refusal to marry him, inflicted stab injuries on the abdomen and also inflicted cut injuries on her neck with a knife which resulted in her death and hence he is charged with offence under Section 302 of IPC.

3. To prove their case, prosecution examined PW1 to PW15 as witnesses, marked Exts.P1 to P20 and identified MO1 to MO2

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