CHENTHAMARA Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.878 of 2016 on the files of the Court of the Additional Sessions Judge - IV, Palakkad, is the appellant in this appeal. He stands convicted and sentenced for the offences punishable under Ss. 302, 449, 450, 392, 394 and 201 of Indian Penal Code (IPC).

(2.) One Preethi was found missing from her house located at a place called 'Chithali' when her daughter returned from school at about 5 p.m. on 14/7/2016. As Preethi was neither found in the neighbouring houses nor in the houses of her relatives, a case was registered by Alathur Police on the information furnished by her daughter for missing person. The investigation in the case however revealed that the accused, who is none other than the son of the cousin of Preethi, murdered her in her bedroom by hitting her head on the wall and also by applying blunt force to her neck and committed robbery of the gold ornaments worn by her as also kept by her in the house. It was also revealed in the investigation that the accused thereafter caused disappearance of the evidence of the offence by discarding the dead body of Preethi in a bushy area on the side of Pollachi - Meenkara road in the State of Tamil Nadu using the Honda Activa Scooter bearing registration No.KL-49-C-7304 used by him. A final report was accordingly filed, after recovering the body, alleging commission of various offences including the offences for which he is convicted.

(3.) On the accused being committed to trial, the Court of Session framed charges against him to which he pleaded not guilty. Thereupon, the prosecution examined 36 witnesses as PW1 to 36 and proved through them 58 documents as Exts.P1 to P58. MOs 1 to 46 are the material objects in the case. Exts.D1 to D3 are a portion of the statement of PW1 and two other documents proved by the accused through the prosecution witnesses. When the incriminating circumstances were put to the accused in terms of the provisions contained in Sec. 313 of the Code of Criminal Procedure (the Code), he denied the same and pleaded innocence. The Court of Session, thereupon, on a consideration of the evidence on record, held that the accused is guilty of the offences referred to above, convicted and sentenced him to undergo, among others, imprisonment for life. The accused is aggrieved by his conviction and sentence and hence this appeal.