LAWS(KER)-1960-3-17

KUTTAPPAN Vs. STATE OF KERALA

Decided On March 25, 1960
KUTTAPPAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS case has come before us in appeal and for confirmation of the death sentence passed by the learned Sessions Judge of alleppey on the appellant Kuttappan for the murder of one Sarada. The appellant was also convicted under S. 392, I. P. C. for robbery and sentenced to rigorous imprisonment for a term of five years.

(2.) THE deceased Sarada Amma was a young Nair girl of 18, studying for her B. Sc. Degree in the Marthoma College, Thiruvella. She was living with her mother, aunt and others in the village of Nedumpuram about three miles from Thiruvella and used to make her daily trips to the college and back by bus. When returning from college she used to alight from the bus at the stop near Podiyadi junction and walk the rest of the distance to her house along a narrow path in a sugar-cane plantation. On 3rd September 1959 Sarada returned from the college by the 5-30 bus. She was seen getting down from the bus and proceeding in the direction of her house through the sugar-cane plantation, but she failed to reach home.

(3.) THOUGH at first the culprit was unknown further investigation brought to light certain suspicious circumstances against the accused and he was arrested at Thiruvella on the morning of 10th September 1959. Acting on the information given by the accused the police recovered the various items of jewellery pledged by him and also his knife and its cover from the place near the scene of occurrence where he had hidden them after the incident. On 12th September 1959 the accused was produced before the Thiruvella Sub-Magistrate to whom he made a full and detailed confession of the crime.