STATE OF KERALA Vs. RAVI

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 Rav i , the accused who is the respondent herein, pleaded guilty to the charge framed against him under S. 302 IPC. But stating in Para. 2 of the judgment that "the accused pleaded guilty to a charge under S. 302 IPC. seemingly preferring a sentence to the contested agony of a criminal trial" and in para. 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 S. 84 IPC. that is challenged in this appeal.