SOMAN, S/O. PULLARKATTU KARTHIKEYAN Vs. STATE REPRESENTED BY THE C.I. OF POLICE AND PUBLIC PROSECUTOR, HIGH COURT OF KERALA

JUDGEMENT

(1.) ONE Sarojini, a divorcee aged about 50 years, who was living alone, was murdered in the night of 27.4.1991. The appellant/accused was charge sheeted alleging that he has trespassed into the house of Sarojini in the night, stolen her chain and studs and killed her and, hence, committed offences under Sections 302, 450, 461 and 380 of the Indian Penal Code. Originally he was acquitted by the Sessions Court by judgment dated 7.4.1993. The trial Judge who examined the witnesses came to the opinion that the prosecution was not able to prove the case beyond shadow of doubt, but this Court suo motu in revision, Crl.R.C.No. 60 of 1993, remanded the matter for fresh consideration. Thereafter, he was convicted under Sections 302, 450, 461 and 380 IPC by judgment dated 18.12.1999. This appeal is filed by the accused against that judgment.

(2.) THE prosecution case was correctly summarised by the Sessions Judge as follow:

(3.) THE following circumstances are enumerated by the Sessions Judge to convict the accused: