JUDGMENT :

(C.S. Sudha, J.) :

This appeal under Section 374(2) Cr.P.C. has been filed by the accused in S.C.No.720/2013 on the file of the Court of Session, Thrissur, challenging the conviction entered and sentence passed against him for the offences punishable under Sections 302 and 379 IPC.

2. The prosecution case as stated in the charge sheet is as follows – the accused, husband of two women and father of three children, with the knowledge of PW2, the approver, his friend, under the false promise that he would marry the deceased, enticed her from her parental home situated in Beach colony, Ottayini, pursuant to which on 29/01/2013 after 08.45 p.m., the deceased joined him. The accused took her behind the house of his brother Musthafa, bearing no.XVI/17, Punnayur panchayath and after all the inhabitants of the house had slept, after 10.30 p.m., had sexual intercourse with her several times. Thereafter the accused asked the deceased to return home, which she refused. Realising that she would become a liability to him, the accused smothered her to death, stole gold ornaments weighing 13.670 gms worn by her and buried her. Thus the accused is alleged to have committed the offences p