MUTHUKUTTY CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A letter dated 21.10. 90 addressed by, one Shri. V. Jayaprasad who defended the condemned prisoner, Muthukutty Chandran before the High court is treated as a Writ petition. The prayer in the writ petition is to direct an investigation by central Bureau of investigation (CBI) to determine the number of 'ripper model murders' that have occurred after the -condemned prisoner was arrested and further to investigate whether all the ripper model cases are committed "by the ripper inside the jail or outside the jail", and to release the said condemned prisoner who is now detained in Cannanore central Prison, cannanore District, Kerala State.

(2.) The condemned prisoner, Muthukutty chandran Surendran Ramesh Pujari had been tried for various offences in the court of Sessions, Kasargod and convicted under sections 449, 458, 382, 392, 397, 307 and 302 of the Indian Penal Code and sentenced to death for his conviction under section 302 Indian Penal Code and to various terms of imprisonment for the other convictions. According to the prosecution, the said muthukutty Chandran on 10. 10. 85 after sunset, committed house trespass by entering into the dwelling house of one Narasappayya hande and brutally murdered Narasappayya hande, his servant Viswanathan by attacking them while they were sleeping with a deadly weapon, namely, a pick axe (MO 1) and attempted to cause the death of Indira (PW 13) by causing hurt to her and committed robbery of ornaments belonging to Indira. The Trial court for awarding the extreme penalty of law has given the special reasons, as follows:-

(3.) On a reference made by the Trial court under S. 366 of the Code of Criminal procedure, Referred Trial No. 6/87 was registered before the High court. The accused challenging his conviction, preferred Criminal appeal No. 311 /87. The High court by its judgment dated 29.7.88 dismissed the criminal Appeal and disposed the Referred Trial confirming the sentence of death imposed on the accused Muthukutty Chandran. For confirming the death sentence, the High court has recorded the following reasons: