KANAKARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.Appeal No.1186 of 2011 is an appeal filed by the second accused Kanakaraj in S.C.No.592 of 2010 on the file of Additional Sessions Court No.1, Palakkad against the conviction and sentence imposed on him under Sections 302, 449 read with Section 34 of the Indian Penal Code (for short, 'the I.P.C.'), and Sections 307 and 392 read with Section 397 of the I.P.C. Under Section 302 read with Section 34 of the I.P.C., he was sentenced to death. D.S.R.No.1 of 2011 is a reference under Section 366 of the Code of Criminal Procedure for confirmation of death sentence imposed on the second accused Kanakaraj.

(2.) Crl.Appeal 1211 of 2012 is filed by the State against the judgment of acquittal of the third accused Manikandan in S.C.No.592 of 2010 on the file of Additional Sessions Court No.1, Palakkad. The three accused persons stand charge sheeted by the Deputy Superintendent of Police, Palakkad, for the offences punishable under Sections 449, 302, 307, 397 and 201 of the I.P.C.

(3.) According to the prosecution, the accused persons, in furtherance of their common intention to commit robbery and causing death of Sheela in the house with Door No.V/842 of Palakkad Municipality situated at Puthur in Palakkad, where Jayakrishnan (PW2) and his family were residing, reached the courtyard of the said house at 11.30 a.m. on 23.3.2010. The third accused Manikandan was asked by the first accused Sampath and second accused Kanakaraj to keep watch in the courtyard. The accused 1 and 2 stepped up to the front of the aforesaid house and the first accused pushed the switch of the calling bell. Hearing the ringing of the calling bell, deceased Sheela opened the front door and immediately, accused 1 and 2 rushed into the house and they pounced on her. The second accused pushed her down in the dining hall and after that he got over her body and punched and hit her with a tea cup. He also hit the head of deceased Sheela against the floor causing injuries to her. The second accused tied both her hands with a thorthu which was found in the room and covered her face tying with another thorthu. Hearing the cry of deceased Sheela, her mother Karthiayani Amma (PW4), who was in the kitchen, came to the dining hall. At that time, the first accused pounced upon Karthiayani Amma and pushed her down. He got on her body and punched and hit her with a tea cup. The second accused hit on the forehead of PW4 with a tea cup causing grievous injuries to her. The first accused tied the neck of PW4 with a thorthu and tightened the thorthu. The first accused took a pair of gold studs and a sum of Rs. 30,000/- kept in the bed room. The first accused also forcibly took the thali chain, jimikki, studs, two bangles and three rings from deceased Sheela. The second accused forcibly took gold rudraksha chain, a locket with the figure of Lord Guruvayoorappan, three bangles and stud from PW4 Karthiayani Amma. The second accused took a knife from the kitchen and handed over the same to the first accused Sampath to cause the death of deceased Sheela. The second accused held her, tied hands and lower jaw firmly backwards and then the first accused brutally cut her neck with the knife and killed her. After that they tied her neck with a thorthu to prevent blood spurting out. They cleaned the knife with the intention to cause disappearance of evidence of the offences. The accused persons committed robbery of articles worth Rs. 1,75,000/- including three mobile phones and a liquor bottle from the said house. After the incident, in order to escape from the scene of occurrence, the accused persons travelled in different autorikshaws. Thereafter, they reached at Walayar Forest, where they, with the intention to destroy the evidence of the offences, poured liquor over the blood stained clothes and stolen Tata Indicom Phone and those articles were set alight. All the three accused persons were subsequently arrested by the police. The first accused Sampath died while he was in police custody. The second accused Kanakaraj and the third accused Manikandan faced the trial.