STATE OF KERALA Vs. THOMAS ALIASJOY

JUDGEMENT

(1.) THE Death Sentence Reference is made by the Additional District and Sessions Judge (Adhoc) Fast Track, Kalpetta under Section 366 (1) of the Code of Criminal Procedure for confirmation of the capital sentence imposed on the second and fourth accused in Sessions Case No. 317 of 1999 on the file of that Court. They were found guilty of the offences punishable under Sections 364, 302 and 392 read with Section 34 of Indian Penal Code, convicted and sentenced to death for the offence under Section 302 read with Section 34 I. P. C. For the offences punishable under Sections 364 and 392 I. P. C. they were sentenced to undergo rigorous imprisonment for 10 years each. It was further ordered that if the fine is realized, an amount of Rs. 1,00,000/= should be paid to the legal representatives of the deceased as compensation under Section 357 (3) of the Code of Criminal Procedure. Set off was also allowed.

(2.) CRL. APPEAL No. 37 of 2005 is filed by the above said accused challenging the conviction and sentence imposed on them.

(3.) DECEASED Kuttan @ Manojkumar, a taxi driver by profession, was the brother-in-law of P. W. 3 (Vijayakumar ). P. W. 3 purchased a new jeep on 28-9-1995 from P. W. 39 Baby under Ext. P4 agreement. P. W. 39 Baby under Ext. P4 agreement. P. W. 39 had purchased the jeep from P. W. 38, Paran, the Original owner under Ext. P24 agreement dated 17-9-1995. On 12-10-1995 deceased Manojkumar went to the house of P. W. 3 and requested him to give the jeep for three days promising to return the jeep on the evening of 15-10-1995 after his trip to Mahe for attending the annual festival of Mahe Church which was going on at that time. P. W. 3 permitted Manojkumar to take the jeep and accordingly he took the jeep. Manojkumar owned two other jeeps. e used to park his vehicles at the Taxi stand at Ambalavayal. On 15. 10. 1995 also he reached the stand with the jeep belonging to P. W. 3 and parked the same there. At about 4. 30 P. M. on that day, the jeep was hired by accused 2 to 4 for going to Thamarassery. Manojkumar went to Thamarassery with those persons. Thereafter nobody had seen Manojkumar alive. According to prosecution, on the way to Thamarassery, A1 also boarded into the jeep from Koodathayi. They went to Kakkayam. They started their return journey at about 9. 30 p. m. in the night. When they reached a place by name "kariyathan Para" the accused murdered Manojkumar by strangulating and smothering him. They removed the pant and shirt worn by the deceased and had stolen the purse with money and the Watch belonging to the deceased. Thereafter they dumped the dead body into Koodathayi River from the Koodathayi Bridge and took the jeep to Thopramkudy at Idukki for the purpose of selling the same.