MUHAMMAD AFSAL Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Appellant was the sole accused in S.C.576/2013. That was a case on the file of the court of session, Thalassery division. The appellant was tried, convicted and sentenced by the first additional sessions judge of the said court. The offences for which the appellant was convicted and sentenced were those punishable under Secs 302 and 447 of the Indian Penal Code (IPC).

(2.) Prosecution case is this : Shafna was a college student. She was residing with her parents. The appellant proposed to Shafna to have a love affair. She refused. He therefore had a grudge against her. He criminally trespassed into the courtyard of her house. He chopped her to death. He with a billhook cut her on her neck, head, hands and other parts of her body. The incident occurred at 12.45 pm on 23.1.2014 at the courtyard of her house.

(3.) Charges were framed against the appellant under Secs 302 and 447 of IPC. He denied the charges. PWs 1 to 20 were examined and Exts P1 to P25 and MOs 1 to 11 were marked on the side of the prosecution. Exts D1 and D2 were marked on the defence side during the course of prosecution evidence. Exts C1 an C2 were also marked. The appellant was examined under Sec.313 of the Code of Criminal Procedure (Cr.P.C). He denied the incriminating evidence and circumstances relied on by the prosecution. He was not acquitted under Sec.232 of Cr.P.C. Hence he was called upon to enter on his defence and adduce evidence. He chose not to adduce any evidence.