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Kumaran v. State of Kerala

  • Order

Penal Code, 1860 – Ss. 450, 302 & 201 – Wife of accused who deserted some days before the incident to live with the deceased, clearly indicate the grudge of the accused against the victim and thus establishes the motive for crime. 2021 (4) KCC 195

Mani @ Rajendran v. State of Kerala

  • Order

Penal Code, 1860 – S. 302 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – S.3(2)(v) – When public opinion influences an investigation its very course gets diverted with exasperating results. A tribal woman was murdered and the suspect was her confidant who was from the same community. The community rose in arms against the implication of their own and the Police removed him from the array of suspects and proceeded against the two other suspects from a different community with a higher caste status. 2021 (4) KCC 198

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. 2021 (4) KCC 223

Shaji @ Babu @ Japan Shaji v. State of Kerala

  • Order

Penal Code, 1860 – S.302 – Circumstantial Evidence – An unidentified corpse was seen floating in a sack and the police deduced the circumstances, which after investigation, were sought to be established by the evidence led before the trial Court. The established circumstances fail to impress the Court in bringing home the guilt of the accused. 2021 (4) KCC 229

MTP Muhammed Faisal @ Faisal v. Inspector of Police

  • Order

Criminal Justice System – Pliable and prevaricating witnesses question the credibility of the criminal judicial system and test the skill of adjudicators and stretch their patience to breaking point. An inept prosecution and an equally abject defense does not serve the cause of justice delivery; which problems are at times compounded by an indifferent Court. 2021 (4) KCC 201