BIJU KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel for appellant and the learned Senior Public Prosecutor.

(2.) Appellant is the first accused in Crime No.264 of 2005 of Neyyattinkara Police Station registered for offences punishable under Sections 449 , 382 , 201 and 302 r/w Section 34 of the Indian Penal Code, 1860 (in short ' I.P.C '). The second accused in the crime absconded during investigation stage and he could not be apprehended. The appellant alone stood trial for the aforementioned offences in Sessions Case No.1109 of 2011 before the Additional Sessions Judge, Neyyattinkara.

(3.) Prosecution case in brief is that Rosamma, a retired teacher and septuagenarian spinster was staying alone in her house. She was found murdered during the night between 02-04-2005 and 03-04-2005. It was also revealed that her gold ornaments valued at about Rs.35,000/- and cash amounting to Rs.50,000/- were robbed. It is the allegation that the appellant and the other absconding accused trespassed into the house and caused the death of Rosamma in order to commit theft. Thereafter, they caused disappearance of evidence.