ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in SC No.845 of 2016 on the files of the Court of Session, Manjeri who stands convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) challenges in this appeal, his conviction and sentence in the said case.

(2.) The accused was a friend of the deceased Azeez. On 5/7/2016, at about 7.30 p.m., Azeez along with the accused checked in a lodge located at Kuttipuram and after some time, by about 11.30 p.m. on the same day, the accused left the lodge. By about 12.45 a.m. on the following day, when a staff of the lodge went to the room adjacent to that of Azeez, he heard a sound from the room occupied by Azeez and when he opened the room, he found Azeez lying down on his chest with his face down. The staff also noticed blood on his clothes. On receiving information from the staff, the Manager of the lodge rushed to the lodge and took Azeez to the nearby hospital, after informing the matter to the police. As the condition of Azeez was found to be serious, he was referred to a higher medical centre from the hospital he was taken to, and accordingly, the Manager of the lodge took Azeez to the Medical College Hospital, Kozhikode. The victim passed away on the way to the Medical College Hospital.

(3.) A case was registered in connection with the occurrence by Kuttippuram Police at 5.35 a.m. on 6/7/2016 as Crime No.270 of 2016 on the basis of the information furnished by one Riyas, a staff of the lodge and the case was investigated by the then Circle Inspector of Police, Valancherry. After investigation, final report has been filed against the accused alleging commission of the offence punishable under Sec. 302 of the Indian Penal Code (IPC). The case set out against the accused in the final report is that on account of the enmity of the accused towards the deceased for having required the accused to return the amounts borrowed from the deceased, and to avoid repayment of the said borrowed amounts, at about 11 p.m. on 5/7/2016, the accused attacked the deceased in the room of the lodge which was being occupied by the deceased, inflicted injuries on him, strangled him and also suffocated him by pressing a pillow on his face and left the scene believing that the victim was no more.