GABRIEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred to challenge the verdict of 2nd Additional Sessions Judge, Kollam in S.C.No. 679 of 2010 by which the appellant is found guilty for offence punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) with a default sentence of rigorous imprisonment for three months.

(2.) Prosecution case is as follows:

(3.) To prove their case, prosecution examined PW1 to PW15, marked documents Exts.P1 to P20 and identified MO1 to MO11 material objects. Evidence appeared against him were put to him under Section 313 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). He denied all of them and pleaded innocence. He further stated that after the corpse of Martha was found out between 16/11/2006 midnight or 17/11/2006 early morning, PW1 informed the matter to police and stated that he suspects the appellant because the appellant was not in his house. Following that, police arrested the appellant from Jacob's house where he was sleeping. According to him, he did not have any dispute with the deceased in connection with the pathway. He denied the prosecution allegation completely. No evidence is tendered from the side of the defence.