SURENDRAN @ SUDHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.660/11 has filed this appeal challenging judgment dated 29/11/2012 of the Court of Sessions, Palakkad by which he was found guilty u/s 302 and 392 of IPC. He was sentenced to imprisonment for life and to pay a fine for Rs.5,000/- u/s 302 IPC and R.I for 10 years and fine of Rs.2,000/- u/s 392 of IPC. The sentence u/s 392 was to run concurrently with the term of sentence u/s 302 of IPC.

(2.) The prosecution case was that the accused with the intention to murder and rob the gold ornaments of the deceased took her to a place called Idachirakalam in Kollengode I Village, Chittur Taluk at about 2.30 am on 2/4/2011. They went to a ridge of a paddy field belonging to one Seethayamma. He had sexual intercourse with her and thereafter strangulated her to death by using a nylon waist belt around her neck. He also committed theft by taking her gold chain and gold ring.

(3.) Pw1, Kannan saw a woman lying dead in the paddy field. He informed the said matter to the Sub Inspector of Police, Kollengode who recorded his statement Ext.P1. Crime No.97/2011 was registered. Investigation was taken up by the Circle Inspector of Police. He conducted inquest, obtained the services of Scientific Assistant, Finger Print Expert and Dog Squad. Having found that it was a case of homicide, investigation was completed and the accused was arrested and produced before Court. Final report was filed before the Judicial First Class Magistrate, Chittoor and the case was committed to the Sessions Court. Before the Sessions Court, prosecution examined PW1 to PW33 and marked Exts.P1 to P36. MO1 to MO27 were the material objects identified and proved. After questioning the accused u/s 313 of the Cr.P.C., he was found guilty and sentenced as stated above.