GIREESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the sole accused in SC No.353 of 2015 challenging the judgment dtd. 5/7/2018 of Additional Sessions Judge IV - Kollam, convicting and sentencing him to death under Sec. 302 of the IPC. The learned Additional Sessions Judge IV - Kollam has on the other hand forwarded the case records in SC No.353 of 2015 to this Court for confirmation of the death sentence as provided in Sec. 366 (1) of the Code of Criminal Procedure, 1973. We proceed to consider both the appeal and the reference together.

(2.) Prosecution case is that on 11/6/2013, at 3.00 P.M., the appellant had trespassed into the house of Alice Varghese @ Ponnamma, aged 57 years, with the intention to commit rape and robbery and that after committing those crimes, caused her gruesome death and decamped with articles worth Rs.6,00,000.00.

(3.) Based on the FI statement of PW1, who is a nephew of the deceased, Crime No.1230 of 2013 was registered at Kundara Police Station at 11.00 A.M., on 13/6/2013. Preliminary investigation and inquest were conducted by PW16 (S.I. of Police) and MOs 11 to 32 were recovered. Investigation was then taken over by PW19, C.I. of Police, Kundara Police Station. He arrested the accused on 25/6/2013 and seized MOs 1 to 10. Subsequently PW21, Dy.S.P., Kundara completed the investigation and laid the final charge.