SHEEBA K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the daughter of one Hayarunnisa, who was the 1st accused in S.C.No.214/2001 on the files of the Additional Sessions Court-I, Kollam. The accused was found guilty and convicted. The appeal preferred was dismissed and the conviction has been made absolute. While she was undergoing imprisonment, she passed away. Certain personal belongings such as MO-226 gold chain with elas (talisman), MO-251 gold chain with locket, MO-252 gold ring with stone, MO-253 ring with picture of Matha Amruthananthamayi, MO-254 ring and MO-225 locket, which were worn by petitioner's mother Hayarunnisa are still in the custody of the Court. The appellant has produced the Legal Heirship Certificate to prove that she is the only legal heir of the deceased, who is entitled to get possession of the material objects. The learned Sessions Judge vide the impugned order dated 19.02.2018 in Crl.M.P.No.99/2018 has observed thus "In para 389 of the judgment it is specifically stated all the material objects shall be preserved even after the termination of appeal if any, as two accused are awaiting trial and six are absconding". In view of the said observation in the original judgment, the learned Sessions Judge found that the ornaments cannot be released to the petitioner (appellant herein).

(2.) Heard the learned Counsel appearing for the appellant and the learned Senior Public Prosecutor. It is pertinent to note that the material objects pointed out as above are all personal belongings of the deceased accused-Hayarunnisa, which have absolutely no bearing on the trial of the six absconding co-accused or any other accused. The material objects connected with the crime is something different, which need to be preserved till trial of all the accused is completed. But the jewellery belonging to the 1st accused-Hayarunnisa does not have any bearing on the trial, if it is to be commenced against the absconding accused. There is no dispute that the ornaments belonging to the 1st accused absolutely was collected from her and there is also no dispute that the appellant is the only legal heir, as is evident from the Legal Heirship Certificate produced. The prosecution has no case that the ornaments did not belong to Hayarunnisa. There is no indication that the ornaments had anything to do with the crime. Under the above circumstances, I find that the impugned order of the learned Sessions Judge cannot be sustained. The said order is set aside, Crl.M.P.No.99/2018 is allowed and the material objects, such as MO-226, MO-251, MO-252, MO-253, MO-254 and MO-225 in S.C.No.214/2001 on the files of the Additional Sessions Court-I, Kollam, are directed to be returned to the appellant as the personal belonging of her mother, on proper acknowledgment.