BHADRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Appeal by the accused in S.C. 113/88 on the file of the Court of Session, Quilon Division is directed against the conviction and sentence imposed on him by that Court, for offences u/S. 449, 302 and 392, IPC. Appellant stood trial on a charge that he trespassed into the residence of deceased Karthiayani sometime between the evening of 24-8-88 and the evening of 25-8-88, caused her death and committed robbery. P.W. 4 grandson of the deceased went to her house on the evening of 25-8-88 to invite her for 'Onam'. He found the door closed and the key in the key hole. He waited for a while and then called the son of P.W. 5 for company. A little later the boys who were at the end of their patience, pushed open the door and found Karthiayani lying dead. They then cried out, attracting the attention of others. P.W. 4 then went to fetch his parents. To cut a long story short, intimation was sent to police, they registered a first information report, came on the scene, prepared Ext. P2 inquest, sent the dead body for postmortem, lifted finger prints, completed investigation and laid the charge sheet. Appellant denied the charges and protested his innocence.

(2.) Prosecution relied on the following circumstances to establish the charge :

(3.) By turn of events it has become unnecessary to consider the appeal on the evidence or the Crl. R.C. 7/93 on merits because, a preliminary objection raised by learned counsel for the Appellant has to be sustained.