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Sabu @ San v. State of Kerala

  • Order

Penal Code, 1860 – Ss. 302 r/w. 32 – Merely for reason that an accused was present in the place of occurrence at the time of commission of the offence, it cannot be concluded that they were sharing a common intention Mere presence of an accused by itself will not attract the rigour of Section 34.

The unfortunate victim would have never imagined that, singing devotional songs in his leisure time at the courtyard of his own residence, would result in an abrupt end to his life, at the hands of his intolerant neighbour. In connection with the said incident, three accused persons, were implicated for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code. The 2nd accused passed away during the trial, and only the 1st and 3rd accused, faced the trial and both of them now stand convicted.

Evidence Law – Merely because of the reason that the witness is a close relative to the victim, evidence of such witness cannot be disregarded, treating it as an interested version. Unless otherwise established, it cannot be concluded that a person who is closely related to the victim, would make any statement for falsely implicating any person, so as to permit the real culprit to escape from the clutches of law.

Citations : 2021 (4) KCC 223