YOHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Father of John Mathew, the deceased, has preferred this appeal challenging the acquittal passed by the Additional Sessions Court, Palakkad Division as per judgment dated 29/11/2013 in S.C. No. 30/2012 arising out of Crime No. 562/2007 of Mannarkkad Police Station. The accused were charged for the offence under Sections 449 , 396 and 302 of I.P.C. and they were acquitted under Section 235 of Cr.P.C..

(2.) Prosecution case is as follows: The prosecution case is that John Mathew who was normally residing in his estate house used to go to his ancestral home at Nilambur every weekend. Accused No.1 attempted to outrage the modesty of his elder brother's wife Sreeja (PW6). John Mathew interfered in the matter and was a witness to the incident on account of which first accused had animosity against him. The first accused misrepresented accused 2 to 5 that John Mathew was having an amount of Rs.14 lakhs to purchase a property. All the accused assembled on 16/8/2007 and by midnight, they went to the house of John Mathew. John Mathew opened the door and on seeing the accused, he shut the door. The accused broke open the door. A2 smothered John Mathew with a towel. A1 and A5 tied both of his legs with a lungi and A3 and A4 tied both of his hands with another bath towel. A1 strangled the neck of John Mathew with a blanket and thereby committed murder at about 1.30 a.m on 16/8/2007. They stole a sum of Rs.15,000/-, a mobile phone, purse, pan card, election identity card, torch etc.

(3.) Originally, the case was taken on file as CP No.143/2009 on the file of Judicial First Class Magistrate, Mannarkkad after having complied with the procedural formalities prescribed u/s 207 Cr.P.C , committed the case to the Sessions Court, Palakkad.