UNNIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the sole accused in S.C. No.20 of 2011 on the file of the Additional Sessions Judge, Palakkad. Fie was tried on the allegation of the offences punishable under Sections 449,302 and 397 of the Indian Penal Code in connection with the murder of an aged woman, who was leading a lonely life in a hamlet at Pattambi in Palakkad district.

(2.) The nutshell of the prosecution case is that, the accused, who is a carpenter by profession committed criminal trespass into the residential house of the victim in and around 7.45 p.m. on 4.6.2009 and committed murder by strangulating her using a saffron colour dhothi and manually pressing on her neck and mouth and committed theft of gold ornaments worn by the victim, a gold chain weighing approximately 1 soveriegn (12 grams) and an ear ornament weighing 3/4 sovereign (6 grams) and left the house. On the next day morning, the neighbours noticed the house of the victim lying closed and when they entered into the house, they found the victim lying dead on the kitchen floor.

(3.) The prosecution has examined P.Ws.1 to 24, got marked Exts.P1 to P24 and identified M.Os. 1 to 9 and on hearing both the parties, found the accused guilty for the offences punishable under Sections 449, 302 and 397 Penal Code and convicted him thereunder and sentenced to undergo imprisonment for life and a fine of Rs. 25,000.00 with a default sentence of simple imprisonment for six months for the offence punishable under Sec. 302 I.P.C., rigorous imprisonment for seven years for the offence under Sec. 397 I.P.C. and rigorous imprisonment for a period of three years and a fine of Rs. 10,000.00 with a default sentence of three months for the offence punishable under Sec. 449 I.P.C. with a direction to run the sentences concurrently. Set off was also granted under Sec. 428 Crimial P.C. for a the pre-trial detention already undergone by judgment dated 16.12.2011.