MOHAMMED HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is the first accused in S.C.No.212/1999 on the file of the Additional Sessions Court(Adhoc-II), Thiruvananthapuram, has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.50,000/- and in default of fine to undergo rigorous imprisonment for one year. The said judgment is under challenge in this appeal.

(2.) The prosecution case is summarised as follows:-

(3.) The first accused informed about the death of Subaida Beevi to PW15, the Assistant Sub Inspector, Chirayinkeezh, on 5-6-1998 at about 10.30 a.m.and gave the F.I.S., Ext.P8, which was recorded by PW15. On the basis of Ext.P8, Crime No.110/1998 was registered as per the F.I.R., Ext.P8(a) for unnatural death of deceased Subaida Beevi. The preliminary investigation of the case was conducted by PW16, the Sub Inspector of Police, Chirayinkeezh police station. Further investigation was conducted by PW17, the Circle Inspector of Police of Chirayinkeezh police station who laid the charge against accused 1 and 2 with the allegation that accused 1 and 2 are guilty of committing the offences punishable under Sections 302 and 201 read with Section 34 I.P.C.before the Judicial First Class Magistrate, Attingal. The learned Magistrate committed the case to the Sessions Court, Thiruvananthapuram as per order in C.P.No.7/1999. The learned Sessions Judge made over the case to the first Additional Sessions Court, Thiruvananthapuram for trial and subsequently that case was withdrawn from there and made over to the Court of Additional Sessions Judge(Adhoc-II), Thiruvananthapuram.