BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment dated 06/07/2013 of Additional District and Sessions Judge (Adhoc) II, Kollam in S.C. No. 283 of 2013 by which he was found guilty for offences under Sections 302, 449, and 394 of the Indian Penal Code, 1860 (in short 'IPC') and sentenced to undergo imprisonment for life and a fine of Rs. 15,000/- (Rupees Fifteen Thousand only) with default stipulation of one year rigorous imprisonment for offence u/s 302 of IPC, rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- (Rupees Five Thousand only) for offence u/s 449 of IPC and rigorous imprisonment for seven years and a fine of Rs. 5,000/- (Rupees Five Thousand only) for offence u/s 394 of I.P.C., all of which shall go concurrently.

(2.) The case of the prosecution, in brief, is that the deceased Lakshmikutty Amma, aged 78 years, was residing at Njerinjampillil house bearing no. 408 in the first ward of Neduvathoor Panchayath. The house was almost 30 metres away from the house of PW1, who is the son-in-law of the deceased. PW3 Nazeer @ Aneesh was residing in an outhouse of the said house on rent. Appellant herein was the friend of PW3. The appellant resided with PW3 for two weeks. While so, on 26/09/2012 at about 11.30 a.m., the appellant trespassed into the house of the deceased, inflicted injuries on her head using a coconut scraper [1] while she was sleeping and thereafter committed robbery of a gold chain weighing 11.500 grams and a pair of ear studs weighing 2.200 grams. While committing robbery, the appellant cut off the right ear lobe along with the ear stud. Lakshmikkutty Amma became unconscious due to the hit on her head and she succumbed to her injuries by 1.15 p.m., the very same day. Hence the appellant committed offences under Sections 449, 302 and 394 of I.P.C.

(3.) Prosecution examined PWs 1 to 28 as witnesses, marked Exts.P1 to P31 including Exts.P10(a) and P16(a) and produced and identified MOs 1 to 21. Exts.D1 and D2 were marked during cross-examination of PW4 and PW15.