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2019 Supreme(Online)(KER) 43620

HIGH COURT OF KERALA
A.M.SHAFFIQUE, N.ANIL KUMAR, JJ
ITTIRA – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

N.ANIL KUMAR,J:

The appellants are the accused 1 and 2 in SC

575/2011 of the Additional Sessions Court, Irinjalakuda for the offences punishable under Section 302, 201,120B r/w Section 34 of IPC. By judgment dated 26.11.2013, the court below convicted and sentenced the first accused to undergo imprisonment for life under Section 302 of IPC and to undergo RI for three years under Section 201 read with Section 34 of IPC. The court below further convicted and sentenced the second accused to undergo rigorous imprisonment for 3 years under Section 201 r/w 34 of IPC. 3rd accused was acquitted under Section 235(2) of Cr.P.C. from all the charges levelled against him.

2. Prosecution case in brief is hereinbelow:-

First accused is the youngest son of the second and third accused respectively. Second accused is now 89 years of old. An unidentifiable dead body of a male human being of about 30 years was found surfaced in Chalakudy river in the downstream of the house of the accused near the dairy farm of the Divine Center on 12.7.2009. It was exhumed from the river with the help of police. After conducting inquest and :-3-:

postmortem as part of investigation, the deadbody was burie

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