JAMES ALIAS CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a triple murder case. A mother, her son and his wife all the three inmates of a house were exterminated on the night of 7-8-1992 while they were in their own house. Prosecution alleged that the dastardly act was perpetrated by the appellant for gain. Trial judge accepted the prosecution version and convicted him and sentenced him to death. He was also convicted under Sections 392 and 449 of the Indian Penal Code and was sentenced to rigorous imprisonment for 7 years and 5 years respectively besides fine.

(2.) The names of the three deceased are: Thressiakutty (mother), Shyjo (her son) and Sali (his wife). Marriage of shyjo and Sali was conducted only 40 days prior to this tragedy. The three were residing in Poochalil House (at Anikusha in Thodupuzha Taluk). Appellant and Shyjo were acquainted with each other for long time and appellant had advanced some money to Shyjo as loan and appellant had been pressing for return of the money. Appellant was doing money lending business in a small way and he used to raise funds for his business by borrowing from others.

(3.) According to the prosecution version the incident happened like this: Appellant entered Poochalil House around 9 or 9.30 P.M. with the object of robbing the inmates of their valuables. He killed the three inmates by cutting them and/or stabbing them with chopper and/or knife and decamped with the ornaments worn by them.