Decided on December 20,1967

Narayaua Piliai Vasudevan Pillai Appellant


- (1.) This is an appeal from the judgment of the Sessions Judge, Trivandrum dated 8th February 1967 by accused Nos. 1 and 2 in Session Case No. 94 of 1966. They were tried in that Case along with the wife of the second accused. The first accused was charged for the offence under S. 302, Penal Code for murder of one Shivaji ; and all the three accused were charged for the offence under S. 201, Penal Code for causing one item of evidence of the commission of the offence to disappear. The first accused was found guilty under both counts; and he was sentenced to imprisonment for life for the offence under S. 302, and to three years' rigorous imprisonment for the offence under S. 201. The second accused was convicted for the offence under S. 201, and sentenced to three years rigorous imprisonment, while the 3rd accused was acquitted. Hence accused 1 and 2 have filed this appeal against their conviction and the sentences passed against them.
(2.) The facts of the case as presented by the prosecution, can be briefly stated. The first accused is aged about 52 years; and he has been residing in Trivandrum in House T. C. No. 21/918 for the past few years. He has been conducting two lodges in the City, one for males under the style Jayamohan Lodge, another for women under the style Jaya Lodge. P. W. 3 Davaki Amma, who is said to be his second wife, is the warden of the women's Lodge. She has no issues. The House T. C. No. 21/918 is situate on the northern side of the Press Road, which goes to the east from Pulimood Junction on the main Road to the Model School Junction. On the Press Road, there is a junction, called Fire Service Station Junction. One hundred and fifty feet to the west of this junction, there is a lane of 41/2 feet width, going from this road towards the north. About 30 feet to the north of the entrance to the lane from the Press Road, is the Southern Boundary wall of the compound, in which the first accused's house is situate. The entrance to his house is from this lane, and the gate is adjacent to the above compound wall. Between the house and the Press Road there is a lodge, called Capital Annex Lodge. Adjoining this Lodge and the house and to the west, is the Jayamohan Lodge. The Government Press is on the northern side of the Jayamohan Lodge and the first accused's house. Opposite to the entrance from the Press Road to the lane leading to his house, and the southern side of the said road is the City Improvement Trust Colony. The Jaya Lodge is also on the Press Road, at about half a furlong to the east of the Fire Service Station Junction.
(3.) The deceased Shivaji was about 32 years old at the time of his death. He came from a respectable Nair family in Nileswar, high up in social position. He was formerly an advocate, and at the time of the occurrence, the Regional Representative of the Hindustan Motors Ltd., for Kerala. At that time, he was residing at Trivandrum with his wife, who was then employed in the Women and Children's Hospital, Trivandrum. Unfortunately, as it turned up, Shivaji happened to take some interest in P. W. 6, young girl aged 19 years, by name Vasumathi. She also came from Nileswar, and appears to be a poor relative of Shivaji. She has studied up to the School Final Class, and she came to Trivandrum towards the end of the year 1935, hoping that she could get some employment through the influence of Shivaji. For the first two or three months, she lived in one Arundhathi Lodge; and subsequently with effect from 26th January 1966, she shifted her residence to the Jaya Lodge, run by the first accused. She continued to live in this Lodge till the date of occurrence, and thereafter for a few days more. During her stay at Trivandrum, she was maintained by Shivaji, and he was her local guardian. She was passing off as Shivaji's sister; and Shivaji used to take her for outings as often as he wanted. During his wife's absence from house he also used to take her home. This was all being done with the knowledge of P. W. 3, the warden of the lodge. Apparently, their relation was not lawful. This is how Shivaji and Vasumathi were living at Trivandrum.;

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