PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in SC No.1913/2011 of the Additional Sessions Court-V Kollam. By the aforesaid judgment, the accused is convicted and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- for the offence u/s 364 of I.P.C . with default sentence for 2 months, imprisonment for life and to pay fine of Rs.1 lakh for offence u/s 302 of I.P.C . with default sentence for 20 months and rigorous imprisonment for 2 years and to pay a fine of Rs.5,000/- for offence u/s 201 of I.P.C ., in default of payment of fine, rigorous imprisonment for one month.

(2.) A lady by name Hayarunnisa, aged about 40 years, was abducted and murdered. The crime came to light when a decomposed dead body of a lady was found at Chandanacavu on 14/6/2010 by PW18 Nazarudheen. He informed the matter to the Sub Inspector of Police, Kulathupuzha (PW40) who recorded Ext.P10 statement and registered Crime No.497/10 u/s 174 of Cr.P.C . A Head Constable was posted for guard duty and at 3.30 p.m, Ext.P11 inquest report was prepared. Dress and chappals of the victim were seized as evident from the inquest report. The body was sent to Medical College Hospital, Thiruvananthapuram for postmortem examination. The Sub Inspector of Police also took other steps like collection of soil from the place of occurrence etc. Further investigation was conducted by PW41, Circle Inspector of Police, Kadakkal Police Station. On enquiry, it was revealed that the dead body involved in the crime belongs to the aforesaid victim in a man-missing case of crime No.873/2010 of Kadakkal Police Station.

(3.) PW2, brother of the victim identified the dead body kept in the Medical College Hospital. PW33 Professor of Forensic Medicine of Medical College Hospital conducted postmortem on the body of the victim on 16/4/2010. Ext.P30 is the postmortem certificate and she opined that the cause of death was due to constriction force around the neck. After conducting further investigation, accused 1 and 2 were arrested on 16/6/2010. On the basis of confession statement of A1, incriminating material objects were seized and the accused were chargesheeted for having committed murder and concealing the evidence. Second accused PW39 was made an approver. In order to prove the case, prosecution relied upon the oral testimony of PW1 to PW43. Exts.P1 to P49 were the documents marked, MO1 to MO21 were the material objects produced and identified. On behalf of the defence, Ext.D1 was marked.