SAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Ms. Jameela a young muslim woman was found killed on 18-9-1991 by Baiju, allegedly hired killer at Vattolikadavu road after having received stab injuries. PW1, the elder brother of the deceased lodged the First Information Report in Police Station Ayyuampuzha without naming any person as accused. At the time of her death, the deceased was in advance stage of pregnancy. Accused No. 1, namely, Biju was arrested on 19-9-1991. The lungi and shirt MOs 12 and 13 respectively worn by him at the time of crime were seized as per Mahazar (P16). After recording his disclosure statement MO1, the weapon of offence was recovered from the bushes where he had allegedly hidden it. Accused No. 2 was also arrested in connection with the murder of Ms. Jameela after three days of the occurrence.

(2.) Upon trial both the accused were found guilty of the offences punishable under Sections 120-B and 302 besides Section 109 of the Indian Penal Code. They were sentenced to undergo life imprisonment. The appellant was also imposed a fine of Rs. 10,000/- and in case of default, directed to under rigorous imprisonment for two years. Aggrieved by the judgment of the Sessions Court, both the accused persons filed appeal before the High Court which was dismissed on 1-4-1997 vide the judgment impugned in this appeal.

(3.) This Court on 14-7-1998 dismissed the SLP in so far as it related to Accused No. 1, namely, Biju and granted leave only with respect to the appellant Saju. The case of the prosecution is that Jameela, a young unmarried woman of 24 years of age had developed illicit relations with the appellant, with the result that she became pregnant. She insisted that the appellant should marry her but her request was declined on the ground that the marriage was not possible because Jameela and the appellant belonged to different religions. The appellant is stated to have quarrelled with the deceased for which Jameela filed a complaint against him at Police Station Ayyuampuzha. Jameela did not accede to the advise of the appellant to have abortion. On the date of occurrence she is stated to have gone to the hospital at about 11 a.m. for a check up and on her way back she visited her sister Amina (PW9) at about 2.30 p.m. After she left the residence of her sister she was fatally stabbed by Accused No. 1, Biju who had followed her from the bus stop where she had alighted from the bus. After inflicting the stab injuries the said accused left the place of occurrence. The offence was alleged to have been committed by Accused No. 1 in conspiracy with Accused No. 2 who wanted to get rid of the deceased.