SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Pathy on all fronts conspires to derail the investigation and prosecution when the victim is unattached, unconnected and unaligned. An indigent spinster was smothered to death, tied in a sack and thrown into the backwaters. An equally unattached, unconnected and unaligned person was booked for the crime and thrown behind bars as a result of an indifferent investigation and inefficient prosecution. No ripples caused, no publicity, no public trial, no twilight vigil and no protest at all. A poor soul is choked to death and another sent to prison to assuage whatever feelings of whomsoever.

(2.) The case set up by the prosecution is entirely based on circumstantial evidence. A corpse was found floating in the backwaters, which was identified and investigation commenced. The prosecution case was that the deceased lady was living with the accused in a rented room in one OK Hall Complex and that on 13.11.2014, at around 7.45 p.m, they had a quarrel concerning the proceeds of the sale of lotteries, which business they were engaged in together. The deceased is said to have slapped the accused on the face and in a rage he smothered her. The corpse was then bundled into a sack, tied with a cloth (torn from a dhoti), and thrown into the backwaters. PW1, a Security Guard, gave the FIS (Ext.P1) on seeing the corpse floating. The body, retrieved with the help of PW2 was, partly decomposed, wearing earrings (MO2), clad in a two-piece green chudidar (MO3 & 4) and its hands and feet were tied with a shawl (MO1). The sack was marked as MO5.

(3.) Investigation was conducted and a charge-sheet laid against the accused under S.302 of the Indian Penal Code. Before the trial Court, PWs.1 to 38 were examined and Exts.P1 to P47 were marked. Material objects were marked as MO1 to MO27. The accused was convicted and sentenced to undergo imprisonment for life and pay a fine of Rs.1 lakh, with a default sentence of rigorous imprisonment for six months.