NANDANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Adultery ranging to incest was attributed to this appellant by his sister inlaw Rajamma when the paternity of her new born child was in question. Upon such allegation being hurled, appellant hacked her (Rajamma) as well as her new born child to death on the morning of 7th October, 1988. This is the gravamen of the story. Appellant was convicted of double murder by the Trial Court and was sentenced to imprisonment for life.

(2.) Following is the synopsis: Rajamma was married to appellant's younger brother Sreedharan and a daughter (PW 21 Sunitha) was born to them about sixteen years before the occurrence in this case. Rajamma's husband Sreedharan had undergone vasectomy some time after the birth of Sunitha and was leading a Wayward life. This caused estrangement in the matrimonial life and eventually Sreedharan had deserted Rajamma when Sunitha was in infantile age. A few years later Rajamma became pregnant and the news created a flutter and grave concern in the family circles. When she delivered the baby she made prevaricative versions regarding the paternity of the child. Once she said that it was the appellant and later she said that it was appellant's son who was responsible for her pregnancy. Appellant could not stand the insult and made some efforts to shirk off the responsibility, but he found himself in a catch 22 situation. To wriggle out of it he determined to exterminate both the mother and her new born child. In furtherance thereof he gate-crashed into Rajamma's house on the morning of 7-10-1988 armed with a chopper and killed them both. He straight away proceeded to police station with the blood stained chopper and surrendered himself to the police.

(3.) Prosecution had depended on circumstantial evidence to establish the case against the appellant, as nobody had witnessed the occurrence. Appellant denied his involvement in the murder when he was questioned under S.313 of the Code of Civil Procedure. Learned Sessions Judge found that prosecution has succeeded in establishing the case on the strength of circumstances arranged against the appellant.