ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in Sessions Case 18 of 1961 on the file of the Additional Sessions Judge of Quilon who has been ound guilty and convicted under S. 380 and 461 has filed this appeal. THE case against him was that on 10-3-1960 the committed theft of a sum of Rs. 14,000/- from the iron safe of pw. 1.

(2.) ONE Kunjuraman deceased is the husband of Pw. 1, and they were living in Dharmakudi house. The father of the accused died early, his mother married again and the accused was brought up by the deceased Kunjuraman and his wife Pw. 1 and he was living with them. Kunjuraman was said to be a wealthy man and was running a bus service The accused was employed as a clerk in the bus service. Kunjuraman died suddenly on 13-1-1960. After his death his son-in-law Pw. 4 who is a Government servant entered on leave and took up the management of the bus service. Pw. 2 is his wife.

(3.) THE accused when questioned denied commission of the offence. He denied that the safe was opened by him on 20-1-60 as alleged He admitted recovery of monies from V. M. S. office and also from the house of Pw. 11, but claimed the money as his. He alleged enmity with Pw. 4 the son-in-law and according to him a false case had been foisted on him. He also stated that kunjuraman was in financial difficulties and could not have had any money with him.