SANTOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) Georgena Stephen, a widow aged 52 years was found lying dead on 17- 1 -1985 in a cot in the northern room of Stephen Cottage situated in Attipra Village, Trivandrum Taluk. The three accused were tried by Sessions Judge, Trivandrum. They were found guilty of the offences punishable under Ss. 120(B), 449, 392, 201 and 302 read with S.34, I.P.C. Each accused was sentenced to undergo rigorous imprisonment for three years under S. 120(B), rigorous imprisonment for five years under S.449, rigorous imprisonment for seven years under S.392, rigorous imprisonment for five years under S. 201 and imprisonment for life under S.302, I.P.C. All the sentences were directed to run concurrently. Aggrieved by the same, accused 2 and 3 filed Crl. Appeal 374 of 1985 and the first accused filed Crl. Appeal 375 of 1985.

(2.) Prosecution case can be summarised as follows : Georgena Stephen's husband died about five years prior to the occurrence. She had two sons, the elder P.W. 2 was employed in Dubai at the time of occurrence. Her younger son, P.W.21 had gone to Bombay along with P.W. 1, her brother for securing Visa for a job in Gulf countries. Rs.20,000/- had to be paid for securing Visa and, therefore, P.W. 21 sent a letter to the deceased through P.W.29 who was flying to Trivandrum from Bombay on 15-1-1985 requesting her to arrange the money and also intimating her that they would be reaching on 17-1-1985. After reaching Trivandrum P.W. 29 sent P.W.7 to deliver the letter to the deceased. P.W.7 reached the village and met accused 1 and 2 and enquired with them about the house of P.W.21 and when they asked him about the purpose of his visit he disclosed the purpose to them. First and second accused conspired with the third accused to murder Georgena and commit robbery of the money and her jewels. In the night of 16-1-1985 the accused trespassed into Stephen Cottage. Second accused held the hands of the deceased who was sitting on a chair in the dining room while the third accused held her legs and first accused throttled her and caused her death. They committed theft of her gold chains, gold bangles, gold rings and also cash of Rs. 650/-. They caused the disappearance of the evidence of the offence by removing the dead body to the northern bed room and placing it on a cot. Thereafter they locked the front door and left the key on the veranda.

(3.) P. W. 4 is the son of P.W. 3, sister of the deceased and P.W. 5 is the son of a brother of the deceased. They were studying in a school near Stephen Cottage. They used to take their lunch at Stephen Cottage and on 17-1-1985 as usual they came to Stephen Cottage and found the front entrance locked. They called the deceased, but there was no response. P.W. 5 looked through the ventilators and found his aunt lying on a cot apparently asleep. P.W. 5 entered through the window of the store room on the west and opened the kitchen door through which P.W. 4 entered. They went into the kitchen, found that no food was cooked, broke a coconut and started eating it. At that time P.Ws. 1 and 21 who had returned from Bombay reached in front of the house. Since the entrance was locked, P.W. 21 called out to his mother hearing which P.Ws. 4 and 5 came to front of the house. They said she was asleep and that the key of the entrance was not seen. P.W.21 entered the house through the kitchen door. He went to the bed room and found his mother dead. By that time the key was found by P.W. 4 in the veranda. He opened the front gate and P.W. 1 was admitted. P.W. 1 saw his sister was lying dead.