UMMER BEARY Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence passed against the appellant/accused in Sessions Case No.683/2014 dated 8.2.2016 on the file of the Additional Sessions Court-II Kasaragod.

(2.) Prosecution case is that on 28.12.2006, at about 2.30 am the deceased Fathimath Suhara (hereinafter be referred as deceased) aged 18 years while sleeping in her house at Ulvar village, accused, by removing the tiles of the house, trespassed into the house to commit the murder of the deceased and committed the murder by cutting her neck with a knife. It is alleged that accused who was a worker at Ulvar juma masjid situated near the house of the deceased made sexual advances repeatedly to her which was refused by her. On 27.12.2006 in the morning while he was carrying out the agricultural operation in the property of the mosque, on the western side of the house of the deceased again made sexual advances and the deceased refuted and stated that she would disclose it to others and out of that enmity and fearing that if it is made public, he would be evicted from the mosque, decided to do away with her and with that intention on that day he purchased MO1 knife from the shop of PW7 at Kumbala. During night while he was sleeping with PW3 inside the upstairs of the Mosque got awakened by putting an alarm through MO3 mobile phone and concealed MO1 knife in his loin and trespassed into house No.1/81 of Kumbala grama panchayat and committed brutal murder by inflicting a cut injury on the neck of deceased.

(3.) After the incident at 6.00 am PW1 lodged FIS and PW20 who was the sub inspector of police, Kumbala, during the relevant time, registered the Ext.P1(a) FIR on the basis of the same. PW14 took the body of the deceased to the Medical college for post-mortem and thereafter PW13 Professor of forensic medicine attached to Academy of medical science, Pariaram conducted post-mortem on the body of the deceased and issued Ext.P10 post-mortem certificate. PW22 who was the then Circle inspector of police, Kumbala conducted investigation and filed the final report.