N RAJAN ALIAS DWARARAJ Vs. STATE REP

JUDGEMENT

(1.) Appellant - accused was charged under S.302 and 379 IPC for having caused the death of his fiance Jameela, a divorcee aged 20 at about 8 PM on 15-4-1988 at a deserted place situated to the north - eastern side of Kaniyanipara bound lying to the north of the road proceeding from Pathi to Athiyoti in Kayaima amson and Athiyoti desom by strangulating and smothering her and committed theft of her jewels. It was alleged that the accused along with Jameela went to the said deserted place, had sexual intercourse with her and when Jameela wanted the accused to take her along with him to his residence, accused declined, whereupon Jameela threatened that, she would reveal to her people as to what the accused has done to her, and that scared of the consequence if Jameela revealed as she threatened, he caused her death by strangulation and smothering, and thereafter removed her jewels from the dead body.

(2.) Accused was found guilty of the offences punishable under S.302 and 379 I.P.C. by the learned Sessions Judge, Kozhikode Division, convicted him and sentenced him to undergo imprisonment for life under S.302 I.P.C.; no separate sentence was awarded under S.379 I.P.C.

(3.) The prosecution case can be summarised as follows;