SHAJAN MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused came up with this appeal challenging the judgment of conviction and orders of sentence under Sections 302, 397 and 449 of the Indian Penal Code in S.C. No.266 of 2012, dated 29.3.2014, on the file of the Court of the Sessions Judge, Kottayam.

(2.) An age old woman met with a sad death in the hands of the accused while she was alone in her residential house. The accused was a frequent visitor of the house of the victim. On the ill fated day also, the accused came to her house and left the place after some time. The deceased is one Thankamma Mathai. The incident happened on 17.1.2012 at about 1.00 p.m. The prosecution case is that the accused, with an intention to commit robbery of gold ornaments of the deceased, inflicted cut injuries on her with an axe resulting in her instant death and took away her gold ornaments.

(3.) The victim was aged 80 years at the time of commission of offence. The crime was reported to the police by 4 p.m. on 17.1.2012 by CW1 (PW1) . After trial and hearing, the learned Sessions Judge found the accused guilty of offence punishable under Ss.302, 397 and 449 IPC and convicted him thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rupees two lakhs for the offence punishable under S.302 IPC; to undergo rigorous imprisonment for a period of seven years for the offence under S.397 IPC and to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rupees one lakh for the offence punishable under S.449 IPC. There was a direction to pay 50% of the fine amount, on realization, to the legal heirs of the victim.