REGHUKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment of conviction and order of sentence passed by the 4th Additional Sessions Judge, Ernakulam by which the appellant who was the sole accused in Crime No. 436 of 2004 of Chalakkudy Police Station, was found guilty for offences under Sections 449 and 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand only) with default stipulation of one year rigorous imprisonment for offence under Section 449 of I.P.C. and further to undergo imprisonment for life and to pay a fine of Rs. 25,000/- (Rupees Twenty Five Thousand only) with default sentence of rigorous imprisonment for two years. The sentences were directed to be run concurrently.

(2.) The case was originally registered as Crime No. 436 of 2004 and was initially investigated by the local police, Chalakkudy. Subsequently investigation was handed over to the Crime Branch Criminal Investigation Department (for short 'CBCID'). Later, the case was entrusted with the Central Bureau of Investigation (for brief 'CBI') and they registered crime afresh with Crime No. RC 6/S/06/CBI/SCB/Che on 25/07/2006. CBI completed the investigation and laid the charge-sheet.

(3.) The prosecution case is that the appellant/accused who was an earlier worker of CPI(M) was expelled from the said party for misconduct and later through one of his friends Sajeevan, who was the driver of autorikshaw owned by Mohanan Thirumeni of Thiruthoor Mana, Thuruthiparamba, Chalakkudy became closer to them and began active participation in temple activities like cleaning the premises of Vellumbullikaavu Durga Temple, the ancestral temple of Mohanan Thirumeni. In 2003, some disputes arose regarding pathway to the temple with one Nayathodan Johnson which was amicably settled. Accused assisted Sajeevan in cleaning the pathway. Later, when a board of the temple and a thulasithara of the temple were set up on the pathway, Nayathodan Devassy objected as it was in front of his property and lodged a police complaint. Consequently, it was removed and set up at a different place. Accused felt much aggrieved on this and thought that priests of the church were responsible for all the problems in the temple. Another incident also furiated his hatred towards the Priests. One of the appellant's friends, Shiju, who was an alcoholic was taken to Divine Retreat Centre, Chalakkudy to cure his addiction. The appellant felt that Shiju was put among mentally deranged persons and was given medicines used for treatment of lunatics. Shiju escaped from there and reportedly narrated the same to the accused. Later, Shiju committed suicide. Accused began to hate Christians and priests and also started smoking ganja. In December 2003, 41 days of pooja was recommended to be conducted in the temple without break. When the poojas were going on, accused felt that Fr.Polly Kannookkadan was deliberately putting Christian songs through loud speakers of the Church to disrupt the poojas of the temple. One day, in the morning, the accused went to the Vicarage of the Church and threatened Fr.Polly Kannookkadan about this. During Onam season of 2004, the accused went to Ernakulam market and purchased a sharp knife from a street vendor and concealed it in the almirah of his sister's house. On 27.08.2004, the appellant told his sister and brother-in-law that he was going to Chalakkudy. He also carried knife along with dress in a plastic carry bag. He went for a movie at Ernakulam and then went to Aluva from where he caught a night train and reached Chalakkudy at around 3.00 a.m. The accused then walked to Thuruthiparambu from Chalakkudy Railway Station and waited under a culvert near the road leading to Thuruthiparambu from Analoor. At 5.30 a.m., he heard Church bells ringing and Christian devotional songs from the Church. He took the plastic carry bag containing the knife and went to the Church, entered the Church compound through the open gate and proceeded to the Vicar's Bunglow and hid himself behind the staircase. When he saw Rev.Fr.Job Chittilapally who was praying and walking up and down the veranda, he went behind the Vicar, took out the knife in his hand leaving the carry bag at the stair case. When the priest turned towards the appellant, he stabbed him in his stomach and elsewhere again and again, whereupon the victim fell down on the veranda and breathed his last. The appellant escaped from there carrying the plastic bag and the knife.