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2019 Supreme(Online)(KER) 27254

HIGH COURT OF KERALA
A.M.SHAFFIQUE, A.M.BABU, JJ
GEORGE @ KUNJU – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

Shaffique, J.

The accused in SC No. 304/13 on the file of Additional Sessions Judge, Pala is the appellant, who challenges the judgment in the said case by which he was convicted and sentenced to undergo imprisonment for life for offence u/s 302 of I.P.C., imprisonment for one year for offence u/s 324 of I.P.C., imprisonment for one year for offence u/s 3 r/w 25(1B)(a) of the Arms Act and to pay a fine of `5,000/-, 3 years for offence u/s 5 r/w 27(1) of the Arms Act and to pay a fine of `5,000/-. He is also imposed with a fine of `1 lakh for the offence us/ 302 of I.P.C. 2. The prosecution allege that, on 2/6/2012 at about 5 p.m, the accused committed the murder of Serjo, his neighbour's son-in-law. The offence was committed by using a gun belonging to the accused. According to the prosecution, the accused and PW1, Thomas, were neighbours. The accused had a feeling that PW1 and his family members were engaged in black magic. PW1 always thought that the accused was staring at his family members especially the females. PW1 raised the height of his kayyala (compound wall) to avoid the said situation. It is stated that, on account of the same, the accused had enmity with

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