Shamsuddin, J. :- This appeal is filed by the State against the order of acquittal passed by the Court of Session, Kottayam in Sessions Case No. 18 of 1986.

2. Respondent-accused was charged for offences punishable u/Ss. 449 and 302, IPC. The court below after trial held that the prosecution has not succeeded in establishing that the accused committed the offences beyond reasonable doubt and in that view, acquitted the respondent. That is under challenge in this appeal.

3. P.W. 5 is the son of Kunjupennu alias Thressia, now deceased. On 6-11-1984, he went for his work at about 6-15 a.m. At that time, his mother and the accused were in their house at Thachapuzha bhagom in Elikulam Village. He returned at about 10-30 p.m. after work and found Kunjapennu lying dead in a room with a cut injury on her throat. The accused is of the same age as that of P.W. 5 and they were friends. The house of the accused was situated only 400 feet away from the house of deceased. On seeing his mother lying dead, P.W. 5 cried out and ran to the house of the accused and informed Georgekutty and Mathachan, brothers of accused. They informed P.W. 1, the Panchayat Member of Ward No. 1 of Elikulam Pa