MOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant Cheeranthodika Moideen,the first accused in Sessions Case 2 of 1964 has been convicted by the learned Sessions Judge of Kozhikode for an offence under S.302,I.P.C .,for the murder of his stepmother,Pathumma and has been sentenced to the extreme penalty of law.He has also been convicted under S.201,I.P.C.and sentenced to rigorous imprisonment for 5 years.The appellant has filed the appeal against his conviction.The proceedings under S.374,Cr.P.C .,for confirmation of the sentence of death is also before us.

(2.) Shortly stated,the facts are as follows:

(3.) The next day morning as usual P.W.1 took his tea and left for the Madrassa at 7 O 'Clock.When he left the house the deceased and the two accused were in the house.When P.W.1 returned at 1 p.m.the second accused alone was in the house and he informed P.W.1 that the deceased was missing and was not found in spite of enquiries made in the neighbourhood.On entering inside the house,P.W.1 found that her box was kept open and her jewels and clothes were found missing.Thinking that the deceased might have gone to her house,he sent the second accused to go to her house and see whether she was there.Shortly thereafter the first accused reached the house and knowing about the absence of the deceased himself,and the neighbours again made a search.In the evening the second accused returned with P.W.4 the brother of the deceased.After searching in vain till night he returned.