STATE OF KERALA Vs. ANIL KUMAR

JUDGEMENT

(1.) The Criminal Appeals are preferred by accused nos.1 and 2 respectively, in Crime No.933 of 2016 of Kovalam Police Station, aggrieved by the judgment dtd. 11/4/2019 of the Additional Sessions Judge - II, Thiruvananthapuram in Sessions Case No.1085 of 2016 whereby the appellant [accused no.1] in Crl.A.No.79 of 2020 was sentenced to (i) death for the offence punishable under Sec. 302 of the Indian Penal Code [hereinafter referred to as the 'IPC'] and to pay a fine of Rs.1,00,000.00, (ii) rigorous imprisonment for seven years and to pay a fine of Rs.25,000.00 in default, to undergo rigorous imprisonment for one year for the offence punishable under Sec. 449 read with Sec. 34 IPC, (iii) rigorous imprisonment for seven years and to pay a fine of Rs.25,000.00 in default, to undergo rigorous imprisonment for one year for the offence punishable under Sec. 307 read with Sec. 34 IPC, (iv) rigorous imprisonment for seven years and to pay a fine of Rs.25,000.00 in default, to undergo rigorous imprisonment for one year for the offence punishable under Sec. 397 read with Sec. 34 IPC and imprisonment for the reminder of the natural life of the appellant under Sec. 376A of the IPC; and the appellant [accused no.2] in Crl.A.No.401 of 2021 was sentenced to (i) undergo rigorous imprisonment for seven years and to pay a fine of Rs.25,000.00 in default, to undergo rigorous imprisonment for one year for the offence punishable under Sec. 449 read with Sec. 34 IPC, (ii) rigorous imprisonment for seven years and to pay a fine of Rs.25,000.00 in default, to undergo rigorous imprisonment for one year for the offence punishable under Sec. 307 read with Sec. 34 IPC, (iii) rigorous imprisonment for seven years and to pay a fine of Rs.25,000.00 in default, to undergo rigorous imprisonment for one year for the offence punishable under Sec. 397 read with Sec. 34 IPC, and to undergo imprisonment for life and to pay a fine of Rs.25,000.00 for the offence punishable under Sec. 302 read with Sec. 34 IPC. D.S.R.No.3 of 2019 is placed before us at the instance of the Sessions Judge for confirmation of the death sentence of accused no.1 as provided in Sec. 366(1) of the Code of Criminal Procedure [hereinafter referred to as the 'Cr.P.C.'].

(2.) The case of the prosecution was that Mariyadas, the deceased and his wife, the injured [to maintain anonymity, the injured is hereinafter referred to as the 'victim'] were residing along with their children Ancy Das and Abhaya Das at their own house Chanalkaraputhen veedu, PRA 232, TC. 58/1689, Koliyoor in Thiruvallam village. During the intervening night of 6/7/2016/7/7/2016, the husband and wife were sleeping in the hall room and their children were sleeping in the adjacent room. At about 4.30 am, on 7/7/2016, when the daughter Ancy Das woke up to attend the nature's call, she saw her parents lying in a pool of blood on the mat, they slept yesterday. On hearing the loud cries of the children, the neighbours rushed up to the house. The Police reached the place of occurrence as informed and guarded the scene of occurrence. The victim's fingers were found moving. The victim was therefore immediately taken to the Medical College Hospital. PW4 and PW8 accompanied her to the hospital. Thereafter, the deceased was also taken in the Police Ambulance to Medical College Hospital, where he was declared dead.

(3.) The First Information Report was registered by PW62, Ajaya Kumar F. based on information given by PW1 Vijaya Kumar, a neighbour. Thereafter, PW74 S. Nuooman conducted inquest on the body of the deceased. Ext.P5 is the Inquest Report. Ext.P79 post-mortem certificate was then drawn up. The victim was examined by PW35 Dr. Naveen K., who issued Ext.P28 wound certificate. She was later subjected to detailed medical examination and procedures following which Ext.P31 certificate was issued by a Medical Board which confirmed that the victim was in a vegetative state that was likely to continue.