JYOTHISH LAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.1072/2014 of the Additional Sessions Court-I, Mavelikara. By judgment dated 16.10.2015, the learned Additional Sessions Judge convicted and sentenced the appellant to undergo imprisonment for life and to pay fine of Rs.10,000/-, in default of payment of fine, to undergo rigorous imprisonment for a further period of two years for the offence punishable under Section 302 of IPC and to undergo simple imprisonment for one month under Section 341 of IPC.

(2.) The appellant along with one Bibin.B.Koshy as second accused were chargesheeted by the Circle Inspector of Police, Mavelikara in Crime No.1092/2014 for the offences punishable under Sections 341 , 302 , 392 r/w Section 34 of IPC. The trial court convicted the first accused for the offences under Sections 341 and 302 of IPC and sentenced thereunder. The first accused was found not guilty of the offence under Section 392 of IPC. The second accused was found not guilty of the offences under Sections 341 , 392 and 302 r/w Section 34 of IPC. Thus, there were two accused in the Sessions Case, out of which the second accused was acquitted and the first accused preferred this appeal challenging the conviction and sentence imposed by the trial court.

(3.) The present case involves a gruesome murder. The victim -Omanakuttan Pillai was found lying dead by the northern side of the public road near St.George Orthodox Church, Mullikulankara by about 12 pm on 5.8.2014. Omanakuttan Pillai had been working in Gulf for a considerable long period of time. He had returned to his native place at Mavelikara and started a hotel under the name and style 'Sreedevi Hotel' at Kayamkulam. Omankuttan Pillai initially married PW4 Omana Amma and three children were born in the wedlock. PW3 Mani Amma, who is the sister of Omana Amma, had an estranged relationship with her husband in her first marriage. Hence, she started living at the residence of PW4. While so, Omanakuttan Pillai had developed intimacy with PW3 Mani Amma and PW1 Arun Kumar was born in her relationship with Omanakuttan Pillai. PW1 Arun Kumar, PW3 Mani Amma and PW4 Omana Amma resided together without any dispute at the residence of Omanakuttan Pillai happily. Every day, Omanakuttan Pillai used to go to the hotel in the early morning by about 5 am and used to come back by about 10 to 10.30 pm in the night. PW3 Mani Amma used to join her husband to conduct business by noon. They used to come back together in his scooter in the night.