LIJO JOY @ JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the 2 nd accused in S.C.656/2012 on the file of IV Additional Sessions Judge, Thrissur.

(2.) The case against the accused has been charge-sheeted by the Inspector of police, Coastal Security police station, Azheekkode in crime No.1943/2011 of Irinjalakuda police station.

(3.) Prosecution case is that on 21.11.2011, 1 st accused along with the appellant/2nd accused (hereinafter be referred as 2nd accused) got acquaintance with the deceased C.R.Immanual Das during their travel in Trivandrum Express train from Tirur railway station. All of them alighted at Irinjalakuda. They hired the autorikshaw of PW2 from Kallettumkara to Irinjalakuda, Tana and reached new Al Ameen lodge (hereinafter would be referred as the 'lodge') at about 11.50 p.m. PW1 who was the employee of the lodge allotted BE, BC and BF room to deceased and accused persons respectively. On 22.11.2011 at about 1.00 am the accused persons strangulated him to death at room No.X1/586 and robbed MO7-gold chain weighing 16.54 grams, MO6-wrist watch of golden colour, MO12-mobile phone (Nokia Express mobile phone) and brown shoe Mo2 (series)and currency note of Rs.2600/-etc. and committed the offence punishable offence under Sec 394 and 302 r/w 34 IPC.