STATE Vs. KUTTY ALIAS NATARAJAN

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment acquittal of the accused/respondent by the learned Additional Sessions Judge, Fast Track Court No.II, Kancheepuram made in S.C.No.378/2004 dated 28.3.2005 from the charges framed against him under Secs.449, 341, 302, 380 and 201 IPC.

(2.) THE case of the prosecution before the Lower Court was that on 24.10.2003 at 2.00 a.m, the accused with an intention to cause murder of the deceased Jagadambal and to steal the jewels belonging to her, had entered into the house of Jagadambal in Door No.4, THEreuvar Thoppu, Pillaiyarpalayam, Kancheepuram, with an intention to commit the offence liable to be punished with death sentence, had pushed the said Jagadambal and thereby made her not to go away, but to have confined without any movement and thereafter, with the knife, had stabbed her on the abdomen three times and caused serious injuries which led to the death of the deceased, Jagadambal and thereafter the accused had stolen two golden bangles, gold ring and gold studs from the Jagadambal and thereafter in order to conceal the evidence of the offences committed by the accused, he had put the clothes of the deceased on her and poured kerosene and set fire on the body of Jagadambal, thereby caused disappearance of evidence and therefore, the accused was liable to be punished under Secs. 449, 341, 302, 380 and 201 IPC.

(3.) AFTER the evidence of prosecution is over, the accused was examined under Sec.313(1)(b) Cr.P.C to explain the incriminating circumstances appearing in evidence against him, the accused denied the commission of the offence.