NAVAS ALIAS MULANAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) (i) Has the guilt of the accused been established beyond doubt by the circumstances proved by the prosecution. (ii) Is the instant case one that belongs to the category of rarest of rare cases, where the alternative options of punishment are unquestionably foreclosed and a sentence of death has to be imposed as laid down in Bachan Singh v. State of Punjab (1980)2 SCC 684.? (iii) Does the decision in Swamy Shraddananda (2) v. State of Karnataka (2008(13) SCC 767) raise the bar further in the attempt to identify the rarest of rare cases where a sentence of death can be imposed and is liable to be confirmed?

(2.) Navas @ Mulanavas, a person aged about 28 years has been found guilty, convicted and sentenced in a prosecution for the offences punishable under Sections 449, 302 and 309 IPC. He faces a sentence of death for the offence under Section 302 IPC, sentence of rigorous imprisonment for a period of five years and fine of Rs.1,000/- under Section 449 IPC and simple imprisonment for a period of two months and a fine of Rs.500/- for the offence under Section 309 IPC. Default sentences have also been imposed.

(3.) The prosecution alleged that the appellant had gained access into the house of the deceased persons - four in number, by making a hole on the eastern wall of the house on the night of 3/4.11.2005. He allegedly caused the death of Latha, a woman aged about 39 years, her husband Ramachandran aged about 45 years, their daughter Chithra aged about 11 years and her mother- in-law, Karthiayani Amma aged about 80 years. The accused thereafter allegedly attempted to commit suicide by cutting the vein of his left wrist. Investigation commenced with suo motu FIR, Exhibit P23 registered by PW30, the local A.S.I. and culminated with the final report submitted by PW32, who completed the investigation.