KRISHNA DASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No. 285 of 2009 is the appellant who challenges judgment dated 5.2.2011 by which he is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs. 10,000/-, in default of which, to undergo simple imprisonment for two years.

(2.) The prosecution case is that, on 14.10.2008, the accused committed murder of his mother-in-law Smt. Kotti by strangulating her in her house where she was staying alone. Crime No. 393 of 2008 was registered by Thenhipalam Police Station at 11.30 pm on 14.10.2008, based on a statement given by PW-2. After completing investigation, a final report was filed before the Judicial Magistrate of First Class, Parappanangadi. The Magistrate having taken cognizance of the offence made over the same to the Sessions Court.

(3.) The Sessions Court framed charge under Section 302 of the IPC and the accused pleaded that he is not guilty of the offence charged against him. Before the Sessions Court, 12 witnesses were examined by the prosecution as PWS. 1 to 12 and Exts. P1 to P9 are the documents which had been relied upon. The material objects produced were marked as MO.I to MO.V. The defence relied upon Exts. D-1, D-1(a) and D-2 which were portions of 161 statement of CW-6.