The court emphasized that in cases based on circumstantial evidence, the prosecution must establish guilt beyond reasonable doubt, and reliance cannot solely be placed on retracted confessions or ambiguous medical evidence.

JUDGMENT

Raja Vijayaraghavan V, J.

This appeal, filed under Section 374 (2) of the Code of Criminal Procedure , is preferred by the sole accused in S.C. No. 547 of 2020 on the file of the Additional Sessions Judge-IV, Kozhikode. In the above case, he was charged for having committed offences punishable under Sections 302 and 201 of the IPC .

2. By the judgment under challenge, the appellant was found guilty of the offences punishable under Section 302 of the IPC and was sentenced to undergo imprisonment f or life and to pay a fine of Rs. 50,000/- (Rupees fifty thousand only), with a default clause and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/- (Rupees ten thousand only), with a default clause, for the offence punishable under Section 201 of .

Prosecution case:

3. The crux of the prosecution allegation is that the appellant was one of the sons of the deceased Reena @ Vaka and Wilson (PW1). According to the prosecution, the appellant on 17.11.2019 at 06:30 P.M., with the intent to kill his mother, due to animosity towards her for not giving him liquor and food, approached her from behind while she was sitting on the step of the kitchen of the house bearing No. 365 in ward No.5 of Chakkittapara Grama Panchayath. It is alleged that using a `Thalappu', made of coir, which is used by the appellant and his father for climbing trees, the appellant strangulated his mother and caused her d eath. It is f urther alleged that the appellant, with a view to cause disappearance of evidence, burnt the `Thalappu' by throwing it into the hearth of their house.

Registration of the FIR and initial investigation:

4. Sri. Krishnan (PW5) approached the Sub Inspector of Police, Peruvannamuzhy Police Station (PW33) and lodged Ext.P4 FI Statement. He proceeded to conduct an inquest over the dead body and prepared Ext.P6 Inquest Report. As a ligature mark was noted on the neck of the deceased at the time of preparation of the inquest Ext.P25 report was submitted before the jurisdictional court seeking to incorporate Section 302 of the IPC . The clothes worn by the deceased at the time of inquest were seized and produced before the Court as MOs 1 and 2. Thereafter, the investigation was taken over by PW34, the Inspector of Valayam Police Station. He arrested the accused on 22.11.2019 at 04.00 P.M. as per Ext. P26 Arrest Memo. He proceeded to the spot and prepared Ext.P1 Scene Mahazar. Based on the disclosure statement alleged to have been made by the accused, MO3 pants and some amount of ash were seized from the hearth, in terms of Exts. P2 and P3 mahasars. A forwarding note was sent to the Court for sending the MOs seized for the purpose of chemical analysis. According to PW34, based on the request made by the accused, an application was filed before the Chief Judicial Magistrate Court, Kozhikode, to r ecord the statement of the accused. Consequently, Ext.P32, 164 statement of the accused was recorded. The investigation was then taken over by PW35, the Inspector of Police. After completing the investigation, the final report was laid before the jurisdictional Magistrate.

Committal and trial proceedings:

5. Committal proceedings were initiated, and the case was made over to the Court of Session. The Sessions Court made over the case to the Additional Sessions Judge-IV, Kozhikode. On appearance of the accused, after hearing the prosecution and the