STATE Vs. ABDUL NASSAR S/O KUNHIMUHAMMED

JUDGEMENT

(1.) The above two cases arise from the judgment in SC No.487/2012 of the Sessions Court Manjeri. The appellant/accused in Crl.Appeal No.1452/13 was charge sheeted for offence u/s 376, 302 and 201 of I.P.C. After trial, he was found guilty and sentenced to death, subject to confirmation of this Court, u/s 302 I.P.C. He is also sentenced to undergo rigorous imprisonment for seven years and to pay a fine of '1, 000/- in default of which to undergo rigorous imprisonment for 2 months u/s 376 I.P.C. which is to be set off u/s 428 of Cr.P.C. Since the Sessions Court had sentenced the accused to be hanged until death, the matter is referred to this Court and numbered as DSR No.3/2013. The accused has also preferred an appeal as Crl.Appeal No.1452/2013 challenging the judgment of the Sessions Court.

(2.) The short facts as stated by the prosecution are as DSR No.3/2013 under:-

(3.) In order to prove the aforesaid allegations, prosecution examined PW1 to PW24 and marked Exts.P1 to P25. MO1 to MO17 were the material objects produced and identified.