SEBASTIAN KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) A cute little girl by name Sinimol (aged 4) became the unfortunate victim of the blood thirsty knife of a man who would have over enjoyed his Christmas frisking in merriments. Thenceforward Christmas day for P.W. 2, Annamma, became death anniversary of her daughter Sinimol, while for others it is the birth anniversary of Jesus Christ. Sessions Judge convicted the appellant of sections 302 and 324 of the Indian Penal Code. On the first count, besides awarding sentence of imprisonment for life, learned Sessions Judge imposed a fine of Rs. 15,000/-, and directed that out of the fine amount, if realised, a sum of Rs. 10,000/- will be paid to P.W. 2. On the second count, Sessions Judge sentenced appellant to undergo rigorous imprisonment for one year. While the appeal was pending, a suo motu criminal revision case was registered at the instance of the learned Judge of this High Court who was in charge of the District concerned as he wanted a decision on the legality and propriety in imposing separate sentence of fine on an accused who is sentenced to imprisonment for life.

(2.) Facts are not much in dispute. A Christmas carol party was moving from house to house on the night of 25-12-1987. At about 7.30 P.M., appellant who was in a tipsy mood picked up an altercation with one of the chorus singers (P.W.3). The choir members sensed that appellant was in a bellicose stance and when he drew out a knife P.W. 3 along with one of his companions scampered away and snugged in the house of one Mary (P.W.4). Appellant chased P.W. 3 for some distance, but failed to intercept them. On the way, appellant came across Annamma (P.W. 2), and her child and he brandished his knife at them which resulted in causing serious injuries to the mother and child. The injury which Sinimol sustained was so serious that she succumbed to it. The injury sustained by the mother was not so serious.

(3.) The injury sustained by Sinimol has been described in the post mortem certificate as an incised penetrating wound (4cm long) on the back of chest cutting three ribs, transfixed the upper and middle lobs of right lung and terminated just above the right collar bone in the subcutaneous place, which was directed upwards and forwards and to the left for a total minimum depth of 8 cms. P.W.2 had a muscle deep stab injury on her chest and a penetrating stab injury on her abdomen. P.W. 2 spoke in clear terms that it was the appellant who inflicted those injuries. We have absolutely no reason to doubt the truth and reliability of her testimony in that regard. The finding made by the Sessions Judge that it was the appellant who inflicted the injuries on P.W. 2 and the deceased cannot be interfered with.