STATE OF KERALA Vs. NAVAS

JUDGEMENT

(1.) These questions arise for consideration in this Death Sentence Reference and the Criminal Appeal, which we dispose of by this common judgment.

(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 I.P.C.. He faces a sentence of death for the offence under Section 302 I.P.C., sentence of rigorous imprisonment for a period of five years and fine of Rs. 1,000/- under Section 449 I.P.C. and simple imprisonment for a period of two months and a fine of Rs. 500/- for the offence under Section 309 I.P.C. 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 F.I.R., Ext.P23 registered by PW30, the local A.S.I. and culminated with the final report submitted by PW32, who completed the investigation.