STATE OF KERALA Vs. NADUVEETTIL VISWANATHAN

JUDGEMENT

(1.) This appeal is filed by the State against the order of acquittal passed by the Court of Sessions, Kozhikode in Sessions Case No.9 of 1986. Respondent accused was charge sheeted for offences under Ss.449, 392 and 302, I.P.C. The Court below acquitted the accused of all the offences.

(2.) An old and affluent lady by name Manikkam, possessed of jewels and cash, was residing in her house at Beypore amsom, Naduvattam desom. The occurrence took place in the night of 29/ 30/11/1985 at about 2 a.m. On the morning of 30-11-1985, one Venu went to P.W. 1 Jayadevan, nephew of deceased and told him that Manikkam died. On receipt of this information, P.W. 1 went to Manikkam's house and found Manikkam lying dead in the Veranda. He also found a gold chain of 11/2 sovereign and two rolled gold bangles worn by deceased missing. He went to Meenchanda Police Station and gave Ext. P1 first information statement, which was recorded by P.W.21 prepared Ext. Pl(a) first information report and registered a crime. P.W.22, the Circle Inspector of Police took over the investigation and proceeded to the scene and held inquest over the dead body of Manikkam. Ext. P7 is the inquest report. Articles found on the dead body including wearing apparels were taken into custody and P.W. 21 sent the dead body to the Medical College for conducting autopsy. P.W.18, the Assistant Professor of Forensic Medicine, Medical College, Kozhikode conducted autopsy and issued Ext. P8 postmortem certificate. It revealed that the death was homicidal. The accused was arrested at 11.30 a.m. on 9-12-1985 from the premises of Farook Railway Station and an Orient watch and currency notes to the tune of Rs.45/- in the possession of the accused were taken into custody. Pursuant to the information furnished by the accused, No. 1 chain was recovered from P.W. 12. Thanu under Ext. P4 mahazar and No.9 thorth mundu was recovered from a paramboke near Mathottam Bazzar under Ext. P6 mahazar. After completing the investigation, P.W.22 laid final report before the Judicial Magistrate of Second Class, Kozhikode, who committed the accused to stand trial before the Court of Sessions, Kozhikode for offences under Ss.449, 392 and 302, I.P.C.

(3.) On the accused pleading not guilty, the prosecution examined P.Ws. 1 to 12 and marked Exts. P1 to P21 and M.Os. 1 to 16. In his statement under S.313 of Cr.P.C., the accused generally denied the incriminating circumstances appearing against him in the evidence of the prosecution witnesses. On his behalf, D.W. 1 was examined and Ext. D1 was marked.