PONNAPPAN Vs. STATE

JUDGEMENT

(1.) ONE Sukumarakurup was believed to be the victim of a murder and the body was found in flames in a motor car inferno. But later it was revealed that the body was no of Sukumarakurup, but of one Chacko and that sukumarakurup played the role ai kingpin in a diabolic plot to make a facade that he was killed. It was done with the rapacious motive of inveigling a whopping sum covered by an insurance police subscribed to by himself at abudabi. This is the nub of the prosecution story.

(2.) THOUGH the police nabbed all others believed to have been involved in the conspiracy, the one who eluded from the dragnet of the police is Sukumarakurup himself. So the case was charge sheeted without him as the accused. One of the culprits was transposed as an approver and was examined as an eye witness. Sukumarakurup brother-in-law (wife's sister's husband) and his driver were arrayed as the first ai second accused respectively. Sukumarakurup's wife and her sister were arraigned third and fourth accused respectively. Learned Sessions Judge convicted the first and second accused of murder/criminal conspiracy and destruction of evidence, but the remaining accused were acquitted. These appeals have been filed by the convicted persons.

(3.) ON 21-1-84 all the four met together at Kalpakavadi (a tourist hotel on the National Highway located about 20 Kms. south of Alleppey town ). Sukumarakurup reached there in his Ambassador car (KLY 5959 ). Others reached there in the car of the first accused (KLY 7831 ). They proceeded from there (Sukumarakurup in one car and others in the other car) southwards on the National Highway hoping to come across somebody having resemblance with Sukumarakurup. But even after covering a distance of about 23 Kms (upto a place called Oachira) they could not find any such person. While proceeding back as they reached karuvatta (about 13 Kms from Oachira) deceased Chacko who was waiting for a vehicle to go home, raised his hand as a signal soliciting for a lift in the car. As the conspirators felt that he had resemblance with Sukumarakurup, they gave him a lift in the car KLY 5959.