SIRAJUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.148 of 2011 on the files of the Court of the Additional Sessions Judge - III, Manjeri, is the appellant in the appeal. He stands convicted and sentenced for the offences punishable under Ss. 302 and 392 of the Indian Penal Code (IPC).

(2.) The corpse of a young lady, aged 22 years was found on 16/5/2009 in the empty land of one Chekku by a person residing in the neighbourhood. On the basis of the information received from the person who saw the body, a case was registered by Kolathur Police. The investigation in the case revealed that the body is that of one Umaiba and that she was murdered by the accused. The final report was accordingly filed in the case alleging commission of offences punishable under Ss. 302 and 392 IPC.

(3.) The accusation in the final report is that the accused named Sirajudheen established contact with Umaiba and promised to marry her, after making her believe that he is unmarried. Believing the promise given by the accused, Umaiba left home with her ornaments as also personal belongings, on the evening hours of 15/5/2009 to live with the accused, and the accused who met Umaiba at a place near the land where her body was later found, committed the offence of murder by strangulating her using the shawl worn by her then and further, committed robbery of her ornaments and personal belongings.