KUTTIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are accused 1 to 3 in Sessions Case 32 of 1983 on the file of the Sessions Judge, Palghat. They were convicted for an offence punishable under S.302 read with S.34 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) The prosecution case may be summarised thus: Accused 1 and 3 are the sons and 2nd accused is their aged mother. 1st accused married deceased Pankajam about 7 years prior to the incident which took place on 3-10-1982. Two children were born out of the wed-lock. The last child was born 15 days before the incident and it died shortly after birth. Pankajam was the daughter of P.W.7, a retired Sub Inspector of Police in Tamil Nadu. He is none other than the brother of the 2nd accused. At the time of marriage he gave twenty sovereigns of gold ornaments to Pankajam. Out of this he got back 15 sovereigns subsequently. Since P.W.7 did not return the ornaments the accused persuaded the deceased in vain to get them back. It was the helplessness or rather indifference of the deceased in getting back the ornaments that motivated accused to murder her.

(3.) In furtherance of their common intention, the mother and her two sons, decided to kill her. On the evening of 3-10-1982 she was given Oleander seeds with some edibles in the form of sweet cake. Since the desired result could not be achieved they gave her some sleeping pills in coffee. Thereafter a poisonous leaf called 'Oduku' was pasted, and given to her mixed with water as if it is some medicine. This action was also not successful in bringing about the desired result. Therefore by about 1.30 in the night, inside a room in the residential house, the first accused made a noose at the end of a rope, put it on her neck and hanged her in the rafter with the help of accused 2 and 3 who lifted her body. The second accused is also alleged to have flashed a torch while helping the third accused to push the body up. Pankajam died as result of "asphyxia due to strangulation".