VISWANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the 1st accused in S.C.No. 199 of 2017 on the file of the III Additional Sessions Judge, Thodupuzha, challenging the finding of guilt, conviction, and sentence arrived at against him. By the impugned judgment, the appellant was found guilty and was convicted and sentenced to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs.1,00,000.00, with a default clause for the offence under Sec. 376D of the Indian Penal Code, and to undergo imprisonment for life and to pay a find of Rs.50,000.00, with a default clause for the offence under Sec. 302 of the IPC.

(2.) Sabitha Maji, wife of Kundan Maji (PW1), was a 32-year-old woman and the mother of a child. A native of Odisha, she was employed along with her husband in the 'Kallivayal Estate' at Kuttikanam. The couple resided in a line building 'Layam' allotted to estate workers by the management. On 1/1/2017, being a Sunday, there was no scheduled work at the estate. However, PW1 opted to work that day and left for work at around 7:00 a.m., accompanied by ten other workers. At the time, Sabitha Maji was washing clothes outside their quarters. The appellant resided in the adjacent room, while other neighbouring rooms were occupied by PW2 and a woman named Sumathi.

(3.) The prosecution case, as per the charge laid before the Court, is that on 1/1/2017 at around 3:00 p.m., the accused, in furtherance of their common intention to rape and murder, intercepted Sabitha Maji while she was returning along the Kuttikanam"Mekkunnam Mud Road carrying twigs on her head, the 2nd accused gave signals to the 1st accused intimating him of her arrival. On receiving the signal, the 1st accused stealthy approached the deceased and allegedly struck her on the back of her head with the blunt side of a chopper. She fell down in a dazed state and the 1st accused is alleged to have raped her in the open with the 2nd accused holding her down, on the bare ground in the forest. Then the 2nd accused raped her. Thereafter, the accused attempted to dispose of the injured in a low-lying area, but the victim held on to a plant to resist. The 1st accused allegedly cut her wrist with MO5 chopper, nearly severing her palm. The 2nd accused then took the MO5 weapon from the hands of the 1st accused and inflicted multiple cut injuries on her face causing her death. On the basis of these allegations, the accused were charged under Ss. 376D and 302 r/w. Sec. of the IPC.