GEORGE CHARIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused Fr. George Cherian alias Ravi Achan, Jacobite Christian priest, is convicted under Sections 302, 354, 201 and 120-B of the Indian Penal Code, by the court below hand has been sentenced to imprisonment for life under Section 302, rigorous imprisonment for one year under Section 354 and rigorous imprisonment for 3 years under Section 201 of the Indian Penal Code. There is no separate sentence under Section 120-B of the Indian Penal Code. The Sessions Court has directed the sentances to run concurrently. The lstaccused has filed Criminal A No. 51/1985 against his conviction and sentenced to accused 2 and 3 are convicted under Sections 201, 404 and 200-B of the Indian Penal Code, and sentenced to suffer rigorous imprisonment for 3 years under Section 201 and for two years under Section 404 of the Indian Penal Code. There is no separate sentence under Section 120-B of the Indian Penal Code. The Sessions Court has directed the sentences to run concurrently. Accused 2 and 3 have filed Criminal A. No. 43/198-5 against their conviction and sentence.

(2.) The 1st accused was charged under Sections 376, 302, 201 and 120-B of the Indian Penal Code. According to the prosecution he had on 23rd April 1984 between 2.15 p.m. and 4.30 p.m. committed the murder of a young college girl Jolly Mathew aged about 18 years in the northern room of the guest house of the Bethany Asram at Kuzhimattom Kara of Panachikadu village of Kottayam District. He was also charged under Section 376 read with Section 511 of the Indian Penal Code, for attempt to commit rape on the girl Jolly Mathew. There were also charges against him under Section 201 of the Indian Penal Code for having caused the disappearance of evidence of murder and also of criminal conspiracy under Section 120-B with accused Nos. 2 and 3 for committing the offence of destroying the evidence of murder by disposing of the dead body of Jolly Mathew. Accused Nos. 2 and 3 were charged for the offences of criminal conspiracy under Section 120-B and of destroying the evidence of murder by disposing of the dead body under Section 201 read with Section 34 of the Indian Penal Code., The 2nd accused was charged under Section 404 of the Indian Penal Code for having misappropriated a gold chain weighing 16.8 grams that the deceased Jolly Mathew was wearing at the time of her death, the 3fd accused was also charged under Section 404 of the Indian Penal Code for having dishonestly misappropriated two gold earrings weighing 3.650 grams that the deceased was wearing at the tune of her death.

(3.) Jolly Mathew was a young girl aged about 18 years. She was studying in the Nattakom Government College, Kottayam for her degree course. It is the prosecution case that on 23-4-1984 she left her house at about 11.30 a.m. and proceeded to the college to collect her hall ticket for the first year degree examination due to commence the next day. She reached the college and after collecting the hall ticket got into a bus from the bus stand near the college on her way back home. She got down at a place called the Mandiram Junction on the M.G. Road was seen walking alone the village road. Her whereabouts were not known afterwards.