STATE OF KERALA Vs. THOMAS ALIAS BOBY

JUDGEMENT

(1.) This appeal has been preferred by the State against the acquittal of the respondent-accused recorded by the High court in respect of a double murder and theft said to have been committed by him on the night between January 27 and 28, 1974.

(2.) The prosecution case was that on 28/01/1974 at about 4.30 a. m. the respondent-accused accompanied by his brother-in-law Daniel (acquitted by the trial court) went in a taxi to the tea shop of one Joy and stabbed Joy as well as his wife Ammini by means of a knife and after committing theft of gold chain and other ornaments worn by Ammini on her person made good his escape in the same taxi and after going to the house of one Smt. Sarasamma (Public Witness 15) sold the gold ornaments to her.

(3.) Admittedly, the prosecution case rested on circumstantial evidence, there being no direct evidence of any eyewitness to the crime. In addition to the circumstantial evidence an extra-judicial confession (Ex. P-12) said to have been made by the respondent-accused to the taxi driver was also relied upon. The trial court convicted the respondent-accused and sentenced him to death but acquitted his co-accused, the said Daniel. In the appeal and the confirmation case, the High court acquitted the respondent. The State has challenged this acquittal.