BIJU, S/O.CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.442/2002 of the Court of 1st Additional Sessions Judge, Thrissur has preferred this appeal challenging the judgment dated 13/05/2011 by which he was convicted for offence punishable Under Section 302 and 201 of the Indian Penal Code (for short 'IPC'). He was sentenced to undergo imprisonment for life and to pay a fine of Rs.2 lakhs, in default of which to undergo rigorous imprisonment for two years for the offence under Section 302 IPC. No separate sentence was passed under Section 201 IPC since he was sentenced to undergo life imprisonment for the offence under Section 302.

(2.) A girl named Rekha was missing from her house . A man missing complaint was filed before the local Police Station and on investigation it was found that she was murdered and her dead body was hidden in a pit. Prosecution case proceeded on the basis that Rekha had a love affair with the accused. Accused came to know that the parents of the deceased will not support their relationship. On 07/04/2000, he requested Rekha to have sexual intercourse with him while she was returning from a nearby shop. When she refused, he caught hold on her neck, caused throttling, and thereafter caused injuries inside her pelvic region through vagina, which caused her death and thereby committed offence under Section 302 of the I.P.C. After committing the crime, he took away her articles and hid the dead body in a pit to destroy the evidence.

(3.) The investigation was completed by PW27 and a final report was submitted before the Judicial First Class Magistrate-I, Thrissur. The matter was committed to the Sessions Court Thrissur and it was taken on file as S.C No.442/2002. The case was made over to the Court of 1st Additional Sessions Judge, Thrissur for trial and disposal. On the charges framed against him, the accused pleaded that he was not guilty. The prosecution examined PWs 1 to 28, marked Exts.P1 to P18(d) and MOs 1 to 19 were the material objects produced before Court. Exts.D1 to D15 were the defence exhibits. After completion of the evidence, the accused was questioned under Section 313 Cr.P.C. He was found guilty for the offences charged against him and was convicted and sentenced as stated above.