MADHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein, Madhu Kalikutty Panicker (hereinafter referred to as "Madhu") was charged along with Sibi Bhaskaran (hereinafter referred to as "Sibi") for offences punishable under Section 302 and 392 read with Section 34 of the Indian Penal Code, for having robbed Padmini Devi alias Omana of her gold ornaments and thereafter having murdered her on 8.5.1998 at her residence, i.e., Kalathil House situated in Ward No.IV of Veliyanad Village. Both Madhu (accused no.1) and Sibi (accused no.2) were also residing in the neighbourhood of the deceased in the same ward and village.

(2.) The Sessions Judge, Alappuzha convicted the accused and sentenced them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.25,000/- under Section 392 of the Indian Penal Code. The accused were sentenced to imprisonment for life under Section 302 of the Indian Penal Code. The Sessions Judge directed that the aforesaid sentences would be suffered successively, i.e., one after the other. In case of default of payment of fine, the accused were to undergo further rigorous imprisonment for a period of three years. The Sessions Judge also directed that the accused would be entitled to set off equivalent to the period of their detention during the course of trial, under Section 428 of the Criminal Procedure Code.

(3.) On appeal, the High Court of Kerala maintained the conviction of the two accused. On the question of sentence, the High Court modified the order passed by the Sessions Judge to the extent that the sentences would run concurrently. Subject to the aforesaid modification, even the sentences awarded by the Sessions Court were maintained.