STATE OF KERALA Vs. SIVAMANI SIVAN

JUDGEMENT

(1.) Three masked burglers sneaked into a dwelling house at midnight, committed burglary and killed the house wife, stabbed her daughter-in-law and ran away with the booty. Police charge-sheeted three persons for the above, though only two of them could be nabbed since the third one who disappeared from the locality is still absconding. After trial, Sessions Judge convicted those two persons of burglary (Section 457 I.P.C.) and robbery (Section 394 I.P.C.) but acquitted them of murder. While awarding sentence the Sessions Judge did not take into account the limitation provided in Section 397 of the Penal Code regarding the minimum term and hence each of them was sentenced to undergo rigorous imprisonment for three years and five years respectively on the two counts.

(2.) State of Kerala has filed one of the appeals challenging the order of acquittal of the offence of murder. The convicted persons filed the other appeal challenging the conviction and, sentence. They will be referred to as the appellants in this judgment.

(3.) Girija (P.W. 1), is the daughter-in-law of the deceased Sarojiniamma. Girija and her husband (P.W.-2) as well as Sarojiniamma were residing in the same house. On the night of 25/10/1986 since GirijaTs husband was on night shift in the company (Alagappa Textiles) where he was working, both Sarojiniamma and her daughter-in-law Girija were sleeping in the same room. By about midnight three persons covering their faces with cotton masks (beneath their nose) stealthily entered into the said room after breaking the wooden wars of the window. According to the prosecution case, the burglars first tried to grab the ornaments of the old lady, but since she woke up the appellants caught hold of her by both hands and closed her mouth, while the absconding accused (Anto) inflicted a large number of stab injuries on her with a knife. When Girija woke up and made a hue and cry, Anto turned against her and inflicted a stab injury on her and snatched her gold chain. Before the neighbours could rush in the burglars escaped from the scene with the booty.