ANSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred from the Central Prison, Thiruvananthapuram by the sole convict in Sessions Case No.550 of 2009 before the Special Additional Sessions Judge (Marad Cases), Kozhikode against the conviction and sentence imposed on him under Sections 449, 392 and 302 of the Indian Penal Code (in short, "IPC"). Gist of the charge framed by the Sessions Judge reads thus:

(2.) On receipt of the appeal, this Court numbered the case and engaged Sri.Manoj Kumar V. as the State Brief. The case was admitted to the file. Heard the State Brief and Sri.K.B.Udayakumar, learned Senior Government Pleader for the State.

(3.) Prosecution case, stated shortly, is thus: on 12.06.2008, at about 6.45 a.m. the accused trespassed into the house of deceased Fathima, wife of PW2, and murdered her by asphyxiating and thereafter committed robbery of her gold ornaments and a purse containing a bank passbook, cash and a gold bangle.