ASHRAFF Vs. STATE OF KERALA

JUDGEMENT

(1.) Two persons were sought to be prosecuted for the offence punishable under Sections 449, 302, 392, 201 and 414 Indian Penal Code. Among them, the second accused was found not guilty of any of the offences and was acquitted of all the charges. The first accused was found guilty of the offences punishable under Sections 449, 302 and 394 IPC and he was convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- for the offence punishable under Section 449 IPC. In default of payment of fine, he had to undergo rigorous imprisonment for one year. He was also sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- for the offence punishable under Section 302 IPC. In default of payment of fine, he had to undergo rigorous imprisonment for a period of one year. He was also sentenced to undergo a term of imprisonment for life and to pay a fine of Rs.10,000/- for the offence punishable under Section 394 IPC. In default of payment of fine, he had to undergo rigorous imprisonment for one year. The sentences were directed to run concurrently.

(2.) Thazheputhiyedath Kadeessa @ Kadeeja, an octogenarian lady was living alone in her house. The house was in the compound owned by P.W.1 and P.W.1 put up a house for her. The deceased had a fancy for gold and she used to spent her earnings for acquiring the same. On 1.1.2000 in the morning, when P.W.6 had gone to give the food to Kadeeja, she was found lying dead in a pool of blood in her house. The news spread immediately in the locality. People gathered at her house.

(3.) P.W.2, who was the neighbour of Kadeeja and also a relative of the lady, laid Ext.P2 first information statement before Nadapuram Police Station. P.W.30, the Sub Inspector of Police recorded the same and registered the crime as per Ext.P2(a) FIR. The allegation was that Kadeeja was murdered for depriving her off her gold ornaments. Investigation was done by P.W.34. Initially the local police conducted the investigation, but later on the case was handed over to C.B.C.I.D. The accused was arrested and based on his confession statement M.O.4 weapon was recovered. Meanwhile, P.W.31, the Circle Inspector of Police had conducted inquest over the body of late Kadeeja and prepared Ext.P3 inquest report. He recovered M.Os. 7 to 15. He prepared the scene mahazar also. He recovered M.O.6 towel containing blood stains. P.W.32, who conducted part of the investigation, had recorded the statements of witnesses. P.W.34, based on the confession statement of the accused recovered a pair of chappals. He claims to have recovered M.O.3 based on the confession statement said to have been furnished by the first accused. During investigation it was revealed that Kadeeja had lost a gold ornament which she used to wear around her neck. P.W.34 found that the said article had been sold and the person, who bought the same had converted it into rings. So the rings were recovered. A good portion of the investigation was done by P.W.34. The allegations against the second accused, who was acquitted, were that he was a close associate of the first accused and helped him to dispose of gold ornaments of the deceased. His successor-in-office completed the investigation and laid charge before court.