GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) AMONG the three brothers tried for murder with the aid of S.34 of the Indian Penal Code,first accused alone was convicted and sentenced to imprisonment for life.Others were given the benefit of doubt and acquitted.First accused is challenging his conviction and sentence.

(2.) THE occurrence was at about 7 PM on 12 -7 -1984 in the road in front of the shop of PW 2 in Manhapra Village near Kalady.There were two criminal cases against deceased Devassykutty,one for having attacked accused 1 and 3 and the other for an offence against third accused alone.The resultant enmity is the motive alleged.

(3.) DEFENCE is denial of involvement and false implication.26 prosecution witnesses and one defence witness were examined.Exts.P1 to P18 are the prosecution documents and the solitary defence document is Ext.D1,which is a case diary contradiction of PW 14.Material objects identified are MOs 1 to 10.