VASUDEVAN Vs. STATE

JUDGEMENT

(1.) Many a young man and woman of Kerala could find life's oasis in the oil rich deserts of Gulf Countries. But, few unfortunates burned their wings in futile pursuit of the mirage. Vasudevan, the appellant, belongs to the second category. The effect of flow of oil money and the desperation of young men and women in acquiring visa and work permit to anyone of the Gulf Countries, on the social life of Keralites is a fertile ground for study by the social scientists. The crime, which is subject-matter of this appeal, is a bye-product of the phinomina.

(2.) Aniyankunju alias Vijayananda Menon was reported missing from 27/09/1980. The prosecution alleged that the appellant - first accused, Vasudevan, had murdered him and buried his body in the courtyard of the accused. Learned Sessions Judge found him guilty under Ss. 302, 404 and 201 of Indian Penal Code. The second accused, Ponnamma, wife of the first accused, was found not guilty of the charges levelled against her under Ss. 118 and 202, I.P.C.

(3.) The prosecution case is as follows : Deceased Aniyankunju was engaged in arranging Visa to those who were desirous of taking up employment in Gulf countries. In the year 1979, Aniyankunju arranged such a Visa for the first accused on payment of an amount of Rs. 11,000/-. Since the first accused was not able to get a proper employment, he returned after one and a half years harbouring in his heart, a desire to wreak, vengeance against Aniyankunju who was responsible for all his miseries at Dubai. With the help of P.W. 1 (who was originally arrayed as 2nd accused but later turned as approver), a school teacher whose wife is a cousin of the first accused, he was successful in circulating a story that he had returned from Dubai with few Visas for 'sale'. As expected, deceased Aniyankunju swallowed the bait without any hesitation and offered to pay for the Visas. He handed over certain amounts to P.W. 1 along with some passports and promised to bring the balance amount. On 27-9-1980, Aniyankunju left his house by about 5.30 p.m. and after collecting some more amount for payment in connection with the Visa, he reached the house of the first accused by about 7 p.m. The first accused entertained him with liquor and then strangulated him to death. His body was buried in the courtyard of the 1st accused's house 'Vrindavanam'.