Vijayan v. State of Kerala
Case brief
What is this about?
Appellate court modified death sentence to life imprisonment. Convicted under Section 304 IPC instead of murder, ruling intent inferred from weapon and blow location rather than premeditation.
What did the court decide?
Appeal partly allowed; conviction under Section 302 IPC set aside and replaced with conviction under Section 304 Part II IPC; sentence reduced to 8 years rigorous imprisonment.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932
CRL.A.No. 1479 of 2006() -----------------------SC.89/2005 of Addl.Sessions Court (Adhoc)Fast Track Court -II, Pathanamthitta) .................... APPELLANT: ACCUSED ---------------------
VIJAYAN, THUSHARA HOUSE, MAZHUVELI VILLAGE, ELAVUMTHITTA MURI, KULAKKADA, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.A.N.RAJAN BABU SMT.V.SUNITHA MENON SRI.P.GOPALAKRISHNAN (MVA)
RESPONDENT: --------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR, SHRI T K VIPINDAS
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26/5/2010, THE COURT ON 07/07/2010 DELIVERED THE FOLLOWING:
K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ.,
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Issues for consideration
2 issues framed by the court
Whether the accused committed murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC given a single stab to the abdomen.
Whether the intention to commit murder can be inferred from a single blow inflicted without premeditation or prior enmity.
Parties & counsel
- appellant
Vijayan
- respondent
State of Kerala
Coram
K.M. Joseph
Case details
As recorded by the court registry
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