RAGHUNATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Reghunandhan, convicted of an offence under Sections 392 and 302, IPC, preferred this appeal, challenging his conviction and sentence.

(2.) Prosecution story is unfolded by P.Ws. 1 to 16. Deceased Nani, aged 72, lost her husband long ago. She had three sons and a daughter. All the children were staying away. Nani was residing alone in Muttampattupeedikayil house. P.W. 9, who is a relation of deceased Nani, is also residing in the neighbourhood. Every day they used to meet each other. On 6-4-1989, the day on which deceased Nani was murdered, she (Nani) was in the house of P.W. 9 till about 7.30 p.m.

(3.) The accused/appellant was a native of Mulackuzha and for about two years prior to the incident, he was staying with his relative P.W. 14 at Kuttamperoor, where deceased Nani was also residing. The accused needed money in connection with the Kavady festival of Parayarukavu temple. Though the accused was working in a brick kiln, the amount he got out of his work was not sufficient to meet his requirements. The accused who knew very well that deceased Nani was residing alone in her house, sneaked into the compound of the deceased and hid himself in the urinal shed. When deceased Nai sat for passing urine outside the urinal, the accused came out of the urinal shed and caught her by her neck with his hands; pressed her down on to the floor and using her own lungi strangulated her. The gold ornaments, i.e., ear studs, ring, bangle and chain were removed from her by the accused.