KAMALAKASHI Vs. STATE OF KERALA

LAWS(SC)-1987-2-121

SUPREME COURT OF INDIA

Decided on February 11,1987

KAMALAKASHI. Appellant

VERSUS

STATE OF KERALA Respondents

JUDGEMENT

- (1.) ORDER
(2.) SPECIAL Leave Petition granted. Hear both the sides. This is a matter where the appellant could never have been convicted for an offence under S. 302 read with S. 34 Indian Penal Code All that she is supposed to have done is to give a stick blow. It was the father of the appellant who suddenly came from behind and gave a blow with a chopper. She could not even have anticipated such an event. On these admitted facts which are culled out from the judgments of the trial court and the High court it is impossible to take the view that the appellant shared the common intention to commit the murder of the victim. The appellant has already been in jail for more than four years. Under the circumstances, the appeal must be allowed and the appellant must be set at liberty fort with. We order accordingly.;

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