SISTER SEPHY Vs. CENTRAL BUREAU

JUDGEMENT

(1.) The instant case evoked a lot of public outrage and the initial inference of suicide and repeated requests made by the investigating agencies to close the case as untraceable, created a frenzy which put officers, men and institutions on the dock; often in the extended media trial. A final report was filed eventually by PW49, the last of the Investigating Officers (I.O) from the Central Bureau of Investigation (C.B.I), in July 2009; he having taken over the investigation on 1/11/2008. The deceased was a Nun residing in a Convent which also had a Ladies Hostel. A1 to A3 were arrested on 18/11/2008 and contrary to the earlier inferences, a charge under Sec. 302 was levelled. The accused filed applications for discharge, of which, that filed by A2 alone was allowed. Challenge was made by both A1, A3 and a public spirited person, PW24, and the C.B.I; the last two against A3's discharge; all of which stood rejected by this Court.

(2.) A1 and A3 faced trial and was convicted for offences under Ss. 302, 201, r/w 34 and A1 also under Sec. 449 IPC. Both the accused were sentenced with imprisonment for life and fine of Rs.5.00 lakhs each, for the offence under Sec. 302 r/w 34 and seven years rigorous imprisonment with fine, each of Rs.50,000.00, under Sec. 201 r/w 34. The first accused also was sentenced to life imprisonment and fine of Rs.1,00,000.00for the offence under Sec. 449. Suitable default sentences were also imposed. The appellants have filed the above applications for suspension of sentence till the hearing of the appeal.

(3.) We heard Sri.B.Raman Pillai, learned Senior Counsel for A1, Sri.P. Vijaya Bhanu, learned Senior Counsel for A2 and Sri.P.Sooryakaran Reddi, learned Addl. Solicitor General for the C.B.I.