ABRAHAM @ JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Sri. Abraham, the appellant herein, a 40 year old man, who was working as an employee of the Nedumkandam Service Cooperative Bank has been convicted by the Additional Sessions Judge-IV, Thodupuzha under Ss. 302 and 201 of the IPC for having committed the murder of his father, Zachariah and for causing disappearance of evidence. He has been sentenced to undergo Rigorous imprisonment for life and to pay a fine of Rs.25,000.00 for the offence under Sec. 302 of the IPC and to undergo RI for 6 years and to pay a fine of Rs.10,000.00 for the offence under Sec. 201 of the IPC, both with a default clause. This has led him to prefer this appeal before this Court assailing the finding of guilt, conviction, and sentence.

(2.) The deceased, Zachariah, a man aged about 66 years, was an agriculturist and in good health for his age. He had a wife, Mary, and three children. However, due to an unduly strained relationship with his wife, Zachariah was living alone on his 2-acre property. PW1 to PW9 are his neighbors. Zachariah's eldest child was a daughter who worked as a teacher at the UP School in Mattathippara. He also had two sons-the appellant, who was the elder son working in the Bank as mentioned above, and PW13, the younger son, who was employed as a driver of a pickup truck. Mary had been living separately from the deceased for the past 3 1/2 years, and it was the appellant who had been taking care of her during this time. Due to the severely deteriorated relationship between Zachariah and his children, they were not supporting him and as a result, Zachariah decided to take legal action against them. He decided to seek maintenance by invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the RDO at Devikulam. In the process of filing his claim, Zachariah was asked by the officer at the SDM to provide his daughter's address so that a notice could be sent to her. To obtain her address and whereabouts, Zachariah approached PW20, an Office Attendant at the Holy Cross UP School in Mattathippara, where his daughter worked. He also inquired with PW20, a shopkeeper who ran a store near the school.

(3.) On 16/11/2013, at about 1:20 p.m., Sri. Johnny Cherian (PW1), a neighbor with property adjacent to the deceased, Zachariah, went to Zachariah's house to wash his clothes, as he normally did. Upon arriving, he found Zachariah lying on the open ground near the cowshed, his shirt unbuttoned, and injuries covering his body. Alarmed, PW1 immediately ran back to alert the neighbors, who were later examined as PWs 2 to 9 in court. The police were informed promptly and arrived at the scene without delay. Signs of a struggle were evident and they also noticed that a heavy stone had been dropped on the leg of the deceased. The neighbors took a dhoti and covered the body before informing the police again. At around 4:00 p.m. that same day, PW30, the Sub-Inspector of Police from Vellathooval Police Station, arrived at the scene to conduct the inquest. In his report, he noted that Zachariah's body was lying on the northeastern side of House No. VGP V/371, which the deceased owned. Multiple injuries were recorded, and traces of vomit were found on Zachariah's face and ears. His shirt was torn, and mud was smeared across his clothes and body. His right knee was fractured, and a large stone (MO1) was placed on his left leg. Additional findings included a teapoy in the sit-out, along with a beer bottle and glass. Inside an almirah affixed to the kitchen wall, numerous beer bottles were found. During the inquest, one of the statements taken was that of the appellant. The inquest concluded by 6:00 p.m. on 16/11/2013, after which Zachariah's body was sent to the Medical College Hospital in Kottayam for an autopsy. Before the body was moved, the crime was registered as Crime No. 689/2013, based on the information provided by PW1 under Sec. 174 of the Code of Criminal Procedure.