RIJO Vs. STATE OF KERALA

JUDGEMENT

(1.) This case discloses the story of a good student, well behaved boy, liked by his teachers and companions, and who had considerable expectations about him, transforming into a villain and landing in prison. If true, this is a typical instance where a teenage boy exposed suddenly to the outside world got caught in the mesh of luxurious life and drugs, and ruined himself. His parents had toiled hard to fund his studies. They borrowed money from people and people generously contributed. Nobody noticed the transformation that was going on in him, until it culminated in a shocking incident on 16.6.2000.

(2.) 16.6.2000 morning turned out to be a horrifying one to the people of Neeleswaram Kara, Kalady Village. The story goes thus:

(3.) The incident occurred on 16.6.2000 at about 7.30 a.m. P.W.5 is a salesman. He was taking his bath. P.W.5 and P.W.6 heard the wails of P.W.1. They rushed to the spot from where the cry had come. They found P.W.1 lying near a nut-meg tree. They asked her what had happened. She was bleeding from wounds on her body. She said that it was the accused who had caused the wounds. She asked for water. It was raining. Water that had collected near the nut-meg tree was given to her by P.W.6. P.W.4, the husband of P.W.1, had left for work early in the morning on that day. Hearing the cries, other people also gathered at the spot. P.W.1 told them that her mother-in-law was lying behind the house. Some of the people, who had gathered, picked up the mother-in-law from there and laid her on the varenda. P.W.1 was also laid on the varenda. P.W.4 was informed. Vehicles were brought and the injured were removed to the hospital. C.W.21, who is closely related to the deceased was informed over phone. He went to Little Flower Hospital, Angamaly, where the injured had been taken. He found the deceased in an unconscious state. But P.W.1 had regained consciousness. P.W.19, the Doctor, had attended to them at Little Flower Hospital. Ext.P15 is the wound certificate relating to the deceased, and Ext.P20 is the wound certificate of P.W.1. C.W.1 came to know of the details from the hospital. Getting intimation of the incident at Kalady Police Station, ASI, C.W.44, went to the hospital. As the injured was unable to give statement, the statement was taken from C.W.21, who furnished Ext.P21 first information statement. C.W.44 is no more. C.W.44 then registered crime as per Ext.P22 FIR. Meanwhile, Mariyamkutty, the mother-in- law of P.W.1 died in the hospital on 20.6.2000. P.W.24, the Circle Inspector of Police, had taken over investigation on 16.6.2000. He had prepared Ext.P4 scene mahazar. He had also recovered blood stained plastic bucket, pillow cover and blood stains from the scene of occurrence. He directed P.W.23 to conduct inquest over the body of Mariyamkutty. Thereupon, P.W.23 conducted the inquest and prepared Ext.P13 report. As authorised by P.W.24, P.W.23 arrested the accused on 20.6.2000 at about 11.15 a.m. and produced him before P.W.24. Ext.P11 mahazar was also prepared. The bag and other materials in the possession of the accused at the relevant time were seized, i.e., M.O.7, bag and its contents, M.Os.15 and 16 etc. In the meanwhile the body of Mariyamkutty was sent for postmortem examination. P.W.20, the Forensic Surgeon conducted autopsy over the body of Mariyamkutty and prepared Ext.P17 report. P.W.24 recorded the statement of witnesses. On the basis of the confession statement said to have been given by the accused, M.O.1 weapon was seized as per Ext.P1 mahazar. He had also got M.O.19 seized. M.O.3 was recovered as per Ext.P4 based on the confession statement of the accused. Based on Exts. P6(a), P8(a) and Ext.P10(a) confession statements given by the accused while in custody, gold ornaments, of which theft was committed by the accused were recovered from various places. The accused was examined by P.W.21 the doctor and Ext.P19 certificate was obtained. P.W.24 had the materials collected by him during investigation sent for chemical analysis through court. Ext.P18 is the report. He completed investigation and laid charge before Judicial First Class Magistrate, Perumbavoor.