P.B.Suresh Kumar, J.

The sole accused in S.C.No.311 of 2018 on the files of the Court of the Additional Sessions Judge - III, Thalassery, is the appellant. He stands convicted and sentenced for offences punishable under Sections 302 and 397 of the Indian Penal Code ( IPC ).

2.The corpse of a middle aged person was found on 25.08.2017 on the railway track near one of the platforms of Payyannur Railway Station. On the basis of the information received from the Station Master of the Railway Station, a case was registered by the Payyannur Police. The investigation in the case revealed that the body was that of one K.C.Sreedharan and that he was murdered by the accused. Final report was accordingly filed in the case against the accused alleging commission of the offences punishable under Sections 302 , 397 and 398 IPC .

3.The accusation in the final report is that on 25.08.2017 at about 1 a.m., while the deceased was sleeping on a bench in one of the platforms of the Payyanur Railway Station with his bag placed below his head, the accused, with a view to commit robbery of the bag of the deceased, committed murder by hitting on the head of the deceased using an iron pipe and com