NOORUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. has been filed by the accused in S.C.No.720/2013 on the file of the Court of Session, Thrissur, challenging the conviction entered and sentence passed against him for the offences punishable under Ss. 302 and 379 IPC.

(2.) The prosecution case as stated in the charge sheet is as follows ' the accused, husband of two women and father of three children, with the knowledge of PW2, the approver, his friend, under the false promise that he would marry the deceased, enticed her from her parental home situated in Beach colony, Ottayini, pursuant to which on 29/01/2013 after 08.45 p.m., the deceased joined him. The accused took her behind the house of his brother Musthafa, bearing no.XVI/17, Punnayur panchayath and after all the inhabitants of the house had slept, after 10.30 p.m., had sexual intercourse with her several times. Thereafter the accused asked the deceased to return home, which she refused. Realising that she would become a liability to him, the accused smothered her to death, stole gold ornaments weighing 13.670 gms worn by her and buried her. Thus the accused is alleged to have committed the offences punishable under Ss. 364, 376, 302, 392 and 201 IPC.

(3.) Based on Ext.P1 FIS of PW1 recorded on 01/02/2013 at 10 a.m., by PW22, the then Additional Sub Inspector, Vadakkekadu Police Station, Crime No.100/2013, i.e., Ext.P31 FIR was registered. After completion of the investigation, PW21 the then Circle Inspector, Chavakkad, submitted the charge sheet against the accused before the court. The case was taken on file as C.P.No.43/2013. After complying with the procedural formalities, the jurisdictional magistrate committed the case to the Court of Session, Thrissur. The accused continued to be in judicial custody when the case was committed to the Court of Session. Thereafter, further investigation was conducted by the CBCID, Thrissur, and a supplementary final report filed. PWs.23 to PW27, PW29 and PW30 are the officers of Crime Branch, Thrissur who conducted the further investigation had submitted the final report.