STATE OF KERALA Vs. RAVEENDRAN

JUDGEMENT

(1.) THIS is an appeal filed by the State challenging an order of acquittal passed in a murder case by the Court of Session, Kozhikode Division. Sulekha, a young girl of 15, who has been described by the trial court as "the soft skinned bewitching daughter of an iron monger" was stabbed to death by Ravi alias Raveendran, 26, in broad day -light on April 23, 1976 at about 3.45 p.m. from the eastern side of a public road called Panniankara road in Calicut City.

(2.) AT the trial Ravi, the accused who is the Respondent herein, pleaded guilty to the charge framed against him under Section 302 I.P.C. But stating in paragraph 2 of the judgment that "the accused pleaded guilty to a charge under Section 302 I.P.C. seemingly preferring a sentence to the contested agony of a criminal trial" and in paragraph 15, that this plea was entered by him two months after the offence had been committed and during the entire period of two months, without any break, the accused was either in police custody or in the custody of the court and that he seemed to be unconcerned with the punishment which may follow on conviction if his plea was accepted, the trial court proceeded with the trial of the accused.

(3.) IT is the finding of the trial court that the accused is entitled to the benefits of Section 84 I.P.C. that is challenged in this appeal.