MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) KOCHU Thommen J. Accused 1 and 2 were convicted by the learned Sessions Judge, Palghat, under S. 302 read with S. 34, and S. 394 and 392 ipc. Each of them was sentenced to death under S 302 read with S. 34 IPC. and each of them was further sentenced to imprisonment for a term of two years under S. 394 IPC. , but no separate sentence was imposed under S. 392 IPC.

(2.) THE case of the prosecution is that accused 1 and 2 murdered one M. A. Jaleel by basting him with spade bandies and robbed him of money and other articles. THEre is no eye-witness in this case. But the prosecution realise upon certain circumstances pointing to the guilt of the accused. Some of the important circumstances are: the deceased was last seen in the company of accused 1 and 2; certain incriminating articles were recovered from the body of the 1st accused when h; was arrested and the weapons alleged to have been used were recovered on information given by the 1st accused, although the recovery was made a few days after the information was given.

(3.) COUNSEL also submitted that the examination of the accused under S. 313 Cr. P. C. was not satisfactory. . he questions asked were far too long and cumbersome with too many facts combined in one question for any person to understand the significance or meaning of the question. It is therefore submitted that in the interests of justice and fairplay a retrial de novo should be ordered.