ARAVINDAKSHAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No. 93 of 1987 of Sessions Court, Quilon, has been found guilty of offence punishable under S.302 of the Indian Penal Code and is sentenced to death subject to confirmation by the High Court. The appellant challenges the conviction and sentence.

(2.) The accused Aravindakshan Pillai and his wife and two children were residing in a house in Kottankara Village within the jurisdiction of Kundara police station. The house consists of two rooms and a varandah on its northern side. The parents of Santhakumari were residing in an adjacent house. The incident happened on 22-3-1987 at about 4 pm. It was a Sunday. Deceased Santhakumari was a worker in a cashew out factory. Whenever she got time she would roll beedies to earn livelihood. On the date of the incident the accused demanded money from the deceased. She declined to pay. Accused got angry. Deceased Santhakumari later went to collect some water from the nearby well. PW. 2 Ushakumari is the daughter of the accused. She saw accused taking a chopper from the kitchen and sharpening the same. PW. 2 asked the accused why be was sharpening the chopper. Accused replied that the season for trade in cadjan leaves has commenced. The accused then said that if mother sees the chopper she would use it for dehusking coconuts and so he wanted to conceal the chopper in the northern varandah. PW. 2 also went for collecting water. Then Pw. 2 and deceased returned after bringing water. Then accused told the deceased to collect the husk from the courtyard. She went to the northern varandah. Accused then followed her. The deceased tied a rope in the varandah and placed all the husks in the rope. At that time PW. 2 was reading books. Then her younger sister came and caused some disturbance. She asked her younger sister to go to the house of her grand parents. After her younger sister left the house PW. 2 beard a crying sound from the northern varandah. She ran to that spot. Then she saw the accused inflicting cut injuries on the neck of deceased Santhakumari. Santhakumari fell on the eastern courtyard. PW. 2 cried aloud. The mother's sister of Santhakumari came to the place of incident. The mother of Santhakumari tried to intervene but she was pushed aside by the accused. Accused again inflicted cut injuries on the neck of the deceased. Accused severed the bead from the rest of the body and took the same in his left hand and chopper in the right band and proceeded westwards.

(3.) PW. 1 Surendran who was in Vilayikal junction beard an outcry from the house of the deceased. He immediately came to the place of incident and saw the body of deceased Santhakumari. He took a cycle from the nearly shop and proceeded to Kundra police station where he gave Ext. P1 statement. PW. 11 recorded the statement and Crime No. 89 of 1987 was registered on the basis of the information given by PW. 1. PW. 11, the Sub Inspector held the inquest on the dead body on 22-3-1987 itself and accused was arrested on the same day. PW. 12 continued the investigation and later filed a final report.