NEELAKANTAN NAIR CHANDRASENAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS reference and the appeal arise out of the judgment of the Sessions Judge,Quilon,dated 23rd October 1971 in Sessions Case No.46 of 1971.The accused in that case,one Sri Chandrasenan Nair was found guilty of murdering two unmarried girls,Sarala Kumari aged 18 years and Shaubanath aged 19 years by administering poison;and he was sentenced under section 302,Indian Penal Code to be hanged by the neck till he is dead.The reference is by the Sessions Judge under section 374,Criminal Procedure Code for confirmation of the sentence,and the appeal is by the accused.

(2.) THE appellant is a B.Sc .,B.Ed.graduate teacher.He is unmarried and is aged 27 years.He belongs to a place called Mylakad within the jurisdiction of the Chathannur Police Station in Quilon District.His house is about 2 to 3 furlongs to the north of Mylakad junction where the road from a place called Kannanellur meets the National Highway to Trivandrum.Sarala Kumari was the eldest daughter of P.W.1 through his first wife,who died about 7 years ago.After her death,P.W.1 married he younger sister,P.W.4;and through this marriage he has got five daughters.All of them were living together;and their house is about 100 metres to the south of the above junction.P.W.1 is a trader 'and he has got a shop at that junction.Shaubanath was the third daughter of P.W.2,who was employed in a ration shop.She lived with her parents in a house about two furlongs to the south of the house of P.W.1.

(3.) THE appellant is the son of a cousin brother of P.W.1;and he has been closely associated with P.W.1 and the members of his family.He was unemployed for some time after he took his degrees.Then he started a tutorial college,which was conducted in a shed put up near the house of P.W.1 with the help of some of his well -wishers in that locality.Sarala Kumari and Shaubanath,P.Ws.8,9 and others were having tuition in that college.About two years before their death,the appellant closed down the tutorial college,when he got employed as a teacher in the local Panchayat High School.Thereafter,he used to give tuition to Sarala Kumari and Shaubanath in the house of P.W.1.P.Ws.8 and 9 had also tuition from the appellant in that house till a few months before the occurrence;and thereafter they used to go to P.W.1's house to have their doubts,if any,cleared by the appellant,at the time of his giving tuition to Sarala Kumari and Shaubanath.