JOHNSON Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals have been filed by the first and second accused in Sessions Case No. 76 of 1987 of the Sessions Court, Trichur. Three accused persons were tried for an offence punishable under section 302 read with section 34, I.P.C. for having caused the death of Molamma the wife of the second accused. The third accused Pastor Joy alias Poulose was acquitted. These two appellants were convicted and sentenced to undergo imprisonment for life.

(2.) The second accused Johnson alias Prasad married deceased Molamma and they were having a happy married life. The second accused is a resident of Peechi village in Trichur taluk. The deceased Molamma belonged to Tiruvalla. All the accused and deceased Molamma are members of a Protestant group of Christian community known as Pentecost. They believe that all illness can be cured by fasting and ardent prayers to God. The first accused is said to have some supernatural powers of heeling sick persons. There was a prayer hall adjacent to the house of the first accused. Few days prior to the incident, the mother of the second accused showed some mental illness. She was taken to the house of the first accused and there was a small congregation of the members of this group and they prayed for curing the illness of the mother of the 2nd accused. By a bout 9.11.1986 deceased Molamma also showed some sort of mental aberration. While common prayer was going on in the prayer hall on 11.11.1986, deceased Molamma showed symptoms of mental derangement. Then the 3rd accused, who is a master of this community, said that there must be a group prayer to cure the illness of Molamma. They decided to conduct the prayers on 14.11.1986 in the house of the first accused. The parents of deceased Molamma were brought down from their house to join the prayers the group prayer started at about 7 Oclock in the evening. The deceased Molamma was sitting in the prayer hall and the participants in the prayers were sitting around her. The first accused Ealyamma was conducting the prayer. She used to move around the deceased and made certain utterances. Occasionally she was directing deceased Molamma to answer to her queries properly. The prayers was mainly intended to drive out the evil- spirit that tormented the soul of Molamma. This exorcism continued for some time. During the course of the exorcism the first accused pulled the tongue of the deceased and also hit her head against the wall, Whenever deceased. Molamma fell on the ground, the 2nd, accused who wall sitting by her side, participating in this were clapping their hands and making sounds. This attracted the attention of the neighbours and P.W. 1, P.W. 2 and some others came near the house of the first accused to enquire about the matter. They found the windows and doors shut from inside. They went to the backyard of the house and Jeered through a window. They saw the deceased sitting on a mat and the accused and others sitting around her. The first accused Ealyamma was going around deceased Molamma. They also saw the first accused pulling the tongue of deceased Molamma and hitting her head against the wall. P.Ws. 1, 2 and others came to the front door and knocked it the door. Then 3rd accused opened the door and told them that they were conducting prayers to drive out the evil spirit that haunted deceased Molamma. The 3rd accused invited the witnesses to the prayer room. P.Ws. 1,2 and others entered the room and sat then for dome time. The so-called prayer continued and the first accused repeated the violent way of exorcism P.Ws. 1, 2 and others said that they would inform the police. Then the 3rd accused told them that the parents and brother of deceased Molamma were attending the prayers and they have no objection to this sort of prayers and so he asked P.Ws. 1, 2 and others to leave the place. He also told that he would how in the next day as to how the evil spirit was driven out.

(3.) On the next day, that is, on 15.11.1986, P.W. 8, the Sub-Inspector of Police, Mannuthy. While doing patrol duty in the neighbouring place, came to know that some untoward incident has happened in the house of the first accused. He immediately rushed to the house of the first accused. He saw deceased Molamma in a serious condition. He directed the people in the locality to take her to the Medical College Hospital, Trichur. Thereafter he went to the hospital at about 2 p.m. and knew that Molamma was no more. He took the statement from P.W. 1 and registered a case as Crime No. 206 of 1986 for unnatural death. Thereafter he conducted the inquest between 4.30 and 6.30 on the same day and Ext. P6 inquest was drawn up. M.Os. 1 to 3 the wearing apparels of deceased Molamma were also seized by P.W. 8. The body as sent for post mortem examination. P.W. 4 conducted the post mortem examination and Ext. P2 is the post mortem certificate.