OUSEPH ALIAS JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in SC 14 of 1984 of the Sessions Court, Kottayam. He was charged under S.302 and 449 of the IPC for having trespassed into the house of the deceased and committed her murder. The Sessions Judge found the accused guilty under S.302 of the IPC and he was convicted and sentenced to undergo imprisonment for life. He was also found guilty under S.449 of the IPC and convicted and sentenced to undergo Rigorous Imprisonment for 8 years, the sentences to run concurrently.

(2.) The prosecution case is that on 14-10-1983 at about 2. 15 p.m. the accused committed house trespass in the house of deceased Ponnamma alias Aliamma and murdered her. Prosecution examined P. Ws. 1 to 19 and marked Exts. P-1 to P. 19. M. Os. 1 to 16 were identified. On the defence side D.W. 1 was examined and Exts. X-1 and X-1(a) were marked. When questioned under S.313 Crl. PC accused denied his complicity with the crime and took the stand that he has been falsely implicated.

(3.) The prosecution case is built upon circumstantial evidence. Apart from the motive for the crime, prosecution banks upon the evidence that the accused was seen in the vicinity of the place of occurrence, S.27 recovery of the knife and his blood stained shirt and the evidence with regard to the finger prints.