JHUN JHUN KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant and the sentence imposed on him in S.C.No.778 of 2012 on the files of the Additional Sessions Court-I, Pathanamthitta. The appellant is the sole accused in the case.

(2.) One Sandhya Kumari, a native of Jharkhand who was residing with her sister Babitha Devi at Kumbanad was found lying in an unconscious state by her sister and the husband of her sister, Sanjith Kumar Saha in their house at about 12.30 p.m. on 9/3/2012. When Sandhya Kumari was taken to the hospital, it was found that she was no more. The accused in the case is one Jhun Jhun Kumar, a native of Bihar. The accusation in the case is that the accused is a co-worker of Sanjith Kumar Saha; that he was residing with the family of Sanjith Kumar Saha; that on 9/3/2012 at around 12 noon, while Sanjith Kumar Saha and his family were away, the accused attempted to rape the deceased and when she resisted, the accused strangulated her to death using a shawl. The offences alleged against the accused are offences punishable under Ss. 511 of 376 and 302 of the Indian Penal Code (the IPC).

(3.) On committal of the accused for trial, the Court of Session framed and read over the charge to the accused to which he pleaded not guilty. The prosecution, thereupon examined 18 witnesses as PW1 to PW18 and proved through them Exts.P1 to P27 documents. MO1 series are the material objects in the case. Among the witnesses examined, PW1 is the husband of the sister of the deceased with whom the deceased was residing. On culmination of the evidence, the incriminating circumstances brought out in evidence were put to the accused. The accused denied the same and maintained that he is innocent. In addition, he also stated that he does not know the deceased or Sanjith Kumar Saha; that he came to Kumbanad only on 9/3/2012 and that he was arrested by the police at about 1 p.m. on the said day from the bus stand.