NOUSHAD @ CHEMBAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is filed by the 3rd accused in S.C No.427 of 2006, who is found guilty for murder and sentenced to undergo imprisonment for life and to pay a fine of Rs.2000 u/s 302 of the Indian Penal Code (IPC for short), rigorous imprisonment for 10 years and fine of Rs.1000 u/s 449 of the IPC, rigorous imprisonment for 10 years and to pay fine of Rs.1000 u/s 394 of the IPC. The accused were prosecuted for the aforesaid offences pursuant to registration of Crime No.46 of 1999 of Alathur Police Station.

(2.) According to the prosecution, on 8.2.1999 at about 1.30 am, accused 1 to 3 along with the 4th accused, Abdulrahiman with a common intention to commit robbery trespassed into the house of an aged women, Smt. Kalu. It is alleged that the 1st accused pulled the hands of the deceased who was sleeping inside the house onto her back and tied with a towel, the 2nd accused gagged her mouth with two jackets and her mouth was covered with a cloth tied around her, the

(3.) rd accused tied her legs with another towel. The intention was to commit robbery and in that process she suffocated and died. It is further alleged that the first accused removed the gold ear studs weighing 4.500 gm having a value of Rs.1600/-. 3. PW13 undertook investigation into the crime and he submitted final report before the Judicial Magistrate of 1st Class, Alathur. Since the 2nd accused was absconding, the case against him was split up. The Magistrate committed the matter to the Sessions Court, Palakkad. The 2nd accused was later arrested and produced and his case was also committed to the Sessions Court, Palakkad.