MOHSIN ANEES Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE appellant is the accused in S.C. No. 156 of 2008, on the files of the Additional Sessions Court (Adhoc -I), Kozhikode, who in this appeal challenges the judgment of conviction and sentence passed by the trial court under Sections 302 and 392 I.P.C.

(2.) THE prosecution case is that on 7.10.2006, at about 4 a.m., the appellant with the intention to commit theft after committing the murder of the inmates of the house, entered into the house of deceased Kunhikoya Haji by removing the tiles of the roof of the house and mixed furidan with the cooked rice kept for eating in the early morning, as it was a Ramzan month. The appellant also committed theft of MO1 to MO7 gold ornaments from the house of the deceased.

(3.) SUBSEQUENTLY , it was noticed that the cooked rice kept in the house was having some yellow colour. Two packets having yellow crystals were also found in the kitchen. Therefore, suspicion was developed with regard to the death of the deceased. In the said circumstances, PW2 went to the police station and lodged Exhibit P3 F.I. Statement. Pursuant to Exhibit P3 F.I. Statement, PW20 registered Exhibit P3(a) F.I.R. under the caption 'suspicious death'. The body of the deceased was exhumed and inquest was conducted by PW16 Thahsildar on 12.10.2006. PW16 prepared Exhibit P6 inquest report. The postmortem on the body of the deceased was conducted by PW17 at the spot. While so, the appellant was found by PW21 in a suspicious condition 17.10.2006. PW21 arrested the appellant. The appellant was found in possession of MO1 to M07 gold ornaments with him at the time of his arrest. The investigation was conducted by PW20. After completing the investigation, PW20 laid the charge before the court.