FIROS SEKH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal appeal is filed by the appellant challenging the verdict of the 1st Additional Sessions Judge, Thrissur by which he was found guilty for offence under section 302 of the Indian Penal Code, 1860 (45 of 1860) and sentenced to imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand only) and in default to undergo imprisonment for one year.

(2.) The prosecution case in brief is as follows: The appellant herein is a migrant labourer from West Bengal and was working in Classic Constructions at Sakthan Nagar, Thrissur. The deceased Murtoja Miya @ Murthusmiya was his brother. The appellant wanted to marry the wife of the deceased and he decided to kill him. He brought the deceased with him to Thrissur for work with the same intention. On 06/10/2013 at about 6.30 p.m., appellant smashed the head and face of the deceased with a hammer and pushed him into the waterlogged underground basement of the building under construction at Sakthan Nagar site and left him to drown and die. Before doing so, he cut open the abdomen of the deceased so that the body would not be floated out to the surface and thereby committed murder and caused disappearance of evidence.

(3.) Crime was registered by PW18, charge SHO of Nedupuzha Police Station on 07/11/2013 when an unidentified body of a male in decomposed state was found floating in the pool of waste water at the basement of the building, based on Ext.P1 information of PW1, the Project Manager of the building. Ext.P18 is the FIR. PW23 the Circle Inspector of Police, took over the investigation on 08/11/2013 and his successor PW24 continued the investigation and laid the charge sheet.