A. Muhamed Mustaque, J.

1. This appeal is against the judgment of the Sessions Court, Kozhikode in S.C.No.419/2008 convicting the appellant herein, who was found guilty under Sections 302, 342, 366 and 392 IPC. The appellant was sentenced to undergo imprisonment for life under Section 302 of IPC with the rider that the appellant shall not be released from the prison for a period of 25 years in all. The appellant was also sentenced to pay fine of Rs.2,00,000/- and in default to undergo rigorous imprisonment for 4 (four) years. For offence under Sections 366 and 392 IPC sentence of 7 years imprisonment and fine of Rs.25,000/- and in default one year rigorous imprisonment was imposed for both offences separately. For offence under Section 342 IPC, sentence was imposed to undergo imprisonment for one year. It was further ordered that substantive sentence of imprisonment shall run concurrently. The appellant was not found guilty under Sections 376 and 201 of IPC.

2. On 11/06/2001, deceased Radhika’s body was found on the verandah of a shop room named Annai Arts. The shop room is having door No.VII/458 of Kunnamangalam Panchayat. The prosecution case is that the appellant, who is the occupier of room No.VII/452 made an attempt to commit rape on the deceased and committed murder by strangulation. The appellant was also chargesheeted for theft of gold chain of the deceased. Prosecution also have a case that the deceased was residing with the appellant and when deceased Radhika made an attempt to go to her house she was wrongfully confined in the house of the appellant. It is submitted by the prosecution that after commission of the offence to cause disappearance of the evidence, the appellant dragged dead body of the deceased to 10 mts. away from his room and kept it at the verandha of the shoproom-Annai Arts.

3. The court below ruled out the death of deceased as a suicide. PW12, a doctor who conducted the postmortem suggested that death was due to hanging.

4. In this case, there is no direct evidence. The evidence relied by the court below is circumstantial evidence. The court below relied upon the evidence of PW4 and PW6 heavily, to bring home the guilt of the appellant.

5. Therefore, in the above background of the facts of the case, the first question to be decided is whether the death of the deceased was homicidal or not. To understand this, it is necessary to advert to the injuries mentioned in Ext.P7 post-mortem report. In Ext.P7, the following injuries are found:

B. Injuries (Antemortem)

1. Pressure abrasion 10x0.6 to 1 cms. (broader at right half) present on front of neck obliquely ascending from left to right at the level of upper border of thyroid cartilage, left end 5cm away from midline, right end at angle of law. A linear abrasion 1.3 cm long present 2 cm inner to the right end of the pressure abrasion at the lower jaw border in line with the pressure abrasion. Neck was dissected in a bloodless field. Soft tissues deep to the pressure abrasion was normal. Muscles, hyoid bone and cartilages intact.

2. Multiple contused abrasion over an area 5x5 cm at back of left elbow.

3. Abrasion 2.5x1cm transverse at outer aspect of left wrist, 5 cm above wrist.

4. Abrasion 0.5x0.5cm on front of left knee.

5. Transverse graze abrasion 5x5 cm on back of left chest, 5 cm away from midline, 2 cm below shoulder blade.

6. Transverse graze abrasion 3x2 cm at back of left knee.

7. Transverse graze abrasion 8x2 cm, front and outer aspect of right thigh, 15 cm above knee (injuries 5, 6 & 7 had a pale base).

6. PW12 Doctor while examined, deposed that injury No.1 is suggestive of hanging. In the scene mahazar, among the material objects, a table is noted in Room No.452 and a towel as well as a dhothi on the table. It is also seen from the scene mahazar that there is an hacksaw blade and frame with remnants of cloth. A towel is also found hanging from the beam on the western side of the room.

7. The death occurred due to injuries referred