PONNUMANI @ AYYAPPANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE five accused were tried in the court of Session, Palghat for offences under sections 302, 201 and 109 IPC. Accused 1 and 2 were tried for offences under sections 302 and 201 IPC. Accused 3 and 4 were tried for offences under section 302 read with section 34 I.P.C. as also section 201 I.P.C. Fifth accused was tried for the offence under section 302 I.P.C. read with section 109 I.P.C. Ultimately the Sessions Court convicted the fourth accused under section 302 I.P.C. and imposed sentence of death subject to confirmation by this court and further convicted him under section 201 I.P.C. and sentenced him to undergo R.I. for three years. The court also convicted the fifth accused under section 302 I.P.C. read with section 109 I.P.C. and sentenced her to undergo imprisonment for life. Accused 1 to 3 were acquitted of all charges. Referred trial has arisen on account of sentence of death. Fourth accused has filed Crl. A. 158 of 1987 and fifth accused has filed Crl. A. 278 of 1987. Prosecution case can be summarised thus. Deceased Narayanan Guptan, husband of fifth accused, was conducting a tea shop at Madurai in Tamil Nadu. He contracted leprosy and about six months prior to the occurrence he left his business at Madurai and settled down with his wife, fifth accused, his son, P.W. 2, and younger daughter in their house at Azhiyannor. Meanwhile fifth accused developed illegal intimacy with a neighbour and worker, fourth accused. Narayanan Guptan used to complain about this to others including his younger brother, P.W. 4, and maternal aunt, P.W. 3. He had cautioned fourth accused not to visit his house. Accused 4 and 5 conspired and decided to kill Narayanan Guptan. Fifth accused procured the assistance of labourers, accused 1 to 3, for consideration. On the evening of 22 -12 -1985 accused 1 to 3 were seen in the company of 4th accused. Earlier they were found near the house of Narayanan Guptan. During the night they were seen in the house of fourth accused. As usual 5th accused along with her son and daughter slept in a room in the house while Narayanan Guptan slept in the veranda. At about midnight fourth accused went to the house of Narayanan Guptan and told fifth accused that everything was ready and money had to be given. Fifth accused opened the box, took Rs 300/ - and paid the same to fourth accused. Fourth accused left the room. Fifth accused closed the door and went back to bed. This incident was seen by P.W.2. Some time later P.W.2 heard loud cries of his father saying that he was being killed. His attempt to wake up fifth accused was unsuccessful as she was pretending to asleep. P.W.2 got up and peeped through the gap of the door. He heard foot steps and loud voices near the place where his father was sleeping. A short while later he heard 4th accused addressing second accused and asking him to raise the head. Neighbours also heard the cries Next morning 5th accused raised an outcry saying, that her husband had committed suicide by hanging on a tree in the neighbouring compound of P.W.4. Neighbours gathered. A tile was seen removed from a corner of the house and placed near the tree with some words written in charcoal to the effect that Narayanan Guptan ended his life of his free will.

(2.) P .W. 1 went to Sreekrishnapuram Police station and gave Ext. P1 statement at 10 a. m. case suggested was one of suicide. S. I. of Police P.W. 19, registered the case as unnatural death. He deputed P. W, 18. Head Constable, to conduct investigation. P.W. 18, questioned P. Ws 2, 5, fifth accused and others and prepared Ext. P2 inquest report and seized M.O. 4 tile. P.W. 18 gathered that case was not of suicide but one of homicide and that accused 4 and 5 were responsible for the same. Post mortem was conducted by P.W. 12 of the Palghat District Hospital. On 26 -12 -1985, P.W. 19 took over investigation. He prepared Ext., P5 scene mahazar and seized M. O. 5 blood stained sand. He sent Ext. P15 report incorporating sections 302 I.P.C. and 34 I.P.C. On 27 -12 -1985 Circle Inspector of police. P.W. 20, took over investigation. Another report. Ext. P16, was sent implicating accused and incorporating section 109 I.P.C. In due course accused were arrested and specimen handwriting of fourth accused was taken as per sanction of court and handwriting compared with the writing in the tile. After completing investigation final report was laid against the five accused.

(3.) P .W. 12 who conducted post mortem examination and issued Ext. P6 certificate stated: nails were blue and vertical salivary dribbling mark over the left side of front of chest, tongue was protruding partly and ligature was not in situ over the neck. He noted irregular abraded contusions on the top of the right shoulder, over the top of the outer part of right shoulder, over the back and upper part of right shoulder, linear abrasions over the right upper limb, right side of chest, right side of neck, multiple abraded contusions over both sides of nose and right side of forehead, over back of the left elbow and over the front of right knee, multiple irregular contusions over the right side of the fore arm and abraded contusions on the top of the left shoulder, right side of the front of chest and left side of the neck. He deposed that these injuries were anti mortem. Internal organs were congested. He gave the opinion that death was on account of pressure over the nose and the neck. There were certain post -mortem injuries, viz., abraded contusion over the neck, over and above the adam's apple, and horizontal abrasion over the back of the neck. He disposed that post mortem injuries were not consistent with death due to hanging. Abraded contusion on the left side of the neck above the collar bone with infiltration of blood over the soft tissues over the lower part of left side of thyroid cartilages (injury No. 13 in Ext. P6) rules out case of suicide. There was no antemortem ligature mark suggesting suicide. Post mortem injuries in his opinion can be caused by tying around the neck with a cloth immediately after death. He deposed that the abrasions and abraded contusions can be caused by the body coming into contact with a rough surface or in the process of applying pressure to the ground. This could have been done while the victim was lying or sleeping. The above evidence clearly shows that Narayanan Guptan died on account of pressure applied on the nose and neck and structures. It was clearly a case of homicide and not suicide.