ISSAC @ KISHOR Vs. RONALD CHERIYAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 25.07.2012 passed by Kerala High Court at Ernakulam allowing Criminal Revision Petition No.3413 of 2008 preferred by respondent no.1 herein thereby setting aside the acquittal of the appellant-accused no.1 for the offences punishable under Section 302 IPC and Section 394 IPC read with Section 34 IPC and further remitting the matter back to the trial Court for retrial.

(3.) Briefly stated case of the prosecution is that, the deceased-Brijitha was sixty three years old widow and used to stay alone in her house which was situated in five acres of agricultural land. Natarajan, father of accused no.1 used to stay in the same house where Brijitha was staying. He was a permanent employee of Brijitha. Respondent no.1-Ronald Cheriyan, son of the deceased, for some reasons, directed Natarajan not to stay in the house and therefore, Natarajan discontinued his employment. Thereafter, for helping the deceased in agricultural work, the appellant-accused no.1 started staying with the deceased in her house. On 06.02.2006 in the midnight, sister-in-law of deceased who was staying at a distance of 50 meters from the house of the deceased, heard cries from the house of deceased. On hearing the cries of deceased, sister-in-law of deceased got awaken her son Cheriyan @ Shabin (PW-1). Then, PW-1 went to the house of deceased and asked the appellant-accused no.1 to open the door of the kitchen; but the appellant-accused no.1 told him that he being tied with rope could not open the door and asked PW-1 to take entry from the front door. PW-1, on entering the house from front door, found the deceased lying in unconscious state in the front room of the house and the appellant-accused no.1 being tied with rope in the kitchen. The appellant-accused no.1 told PW-1 that five thieves had entered the house and after suffocating the deceased took away all the valuable gold ornaments and cash from the house. PW-1 informed about the incident to respondent no.1-Ronald Cheriyan, eldest son of the deceased, and then they took the deceased to the St. John Hospital, Kattappana where she was declared dead. At about 04.00 a.m., PW-1 went to Kattappana police station and his statement (Ex.P1) was recorded by PW-22-Sub-Inspector of Police, on the basis of which, case in Crime No. 49 of 2006 was registered against five identifiable persons under Section 396 IPC.