JOY Vs. C I OF POLICE

JUDGEMENT

(1.) TWO accused were tried for offences punishable under Secs.302 and 201 with the aid of Sec.34 of the Indian Penal Code. Both were convicted under each section and sentenced to imprisonment for life and rigorous imprisonment for three years respectively, permitting the sentences to be suffered concurrently. Criminal Appeal No.236 of 1986 was filed by the first accused and the other accused by the second accused.

(2.) SECOND accused Rosama is the widow of deceased Unni alias Devassia. They have a son (P.W.2) and a daughter (C.W.4). First accused Joy alias Job was assisting the deceased in his work and residing along with him and his family in a house having only one room. Illicit intimacy developed between accused 1 and 2. Deceased was found a hindrance. Therefore, in furtherance of the common intention of both the accused, at about midnight on 3.7.1984 when the children were fast asleep, first accused murdered Unni by cutting his chest just below the neck with M.O.3 axe inside the residential building at Malom Village and buried the dead body in the paramba itself with the intention of screening themselves from legal punishment by causing disappearance of evidence regarding commission of murder. This is the prosecution case. SECOND accused is said to have directed and assisted the first accused.

(3.) THE case depends purely on circumstantial evidence. THE circumstances relied on by the prosecution are: (a) THE deceased was last seen in the company of the accused sleeping at their residence and thereafter nobody saw him alive and the accused have no explanation at all (b) THE suspicious conduct of accused 1 and 2 after the disappearance of Unni (c) THE information given by accused 1 and 2 to P.W.14 which led to the recovery of the incriminating objects, namely, the dead body, dress, mat, weapon used for murder and implement used for burial of the dead body and (d) THE motive for doing away with Unni. After an elaborate discussion of the vidence, the Sessions Judge accepted these circumstances as conclusive.