JUDGMENT: DR.ARIJIT PASAYAT,J.

1. Heard learned counsel for the parties.

2. Challenge in this appeal is to the judgment of the Division Bench of the Kerala High Court upholding the conviction of the appellant for offences punishable under Sections 392 and 302 of the Indian Penal Code, 1860 (for short IPC). He faced trial for offence punishable under Section 324 IPC, but he was found to be not guilty of that charge. Life imprisonment and fine of Rs.10,000 were imposed. It was directed that in case the fine was collected, the same was to be paid to the widow of Kuttappan (hereinafter referred to as the deceased).

3. The prosecution version essentially rested on circumstances. The trial court found that the circumstances were sufficient to hold the accused guilty. Accordingly, conviction, as noted above, was recorded. In appeal, the High Court did not find any substance in the plea of the appellant and upheld the conviction.

4. In support of the appeal, learned counsel for the appellant submitted that the prosecution has not proved that the appellant was, at any point of time, employed at the hotel and present case is one where the wrong person has been picked up and has been convicte