R SHAJI S/O RAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The case from which these appeals arise reveals a gruesome and horrendous murder by the guardian of law along with four others, three of whom are mercenaries. Initially only accused Nos.1 and 2 were available for trial. Their trial ended in conviction and both of them were sentenced to suffer imprisonment for life. They were also sentenced for some other offences also. Later accused Nos. 3 and 4 surrendered and they were also tried. The details of that case are not relevant for the present purpose.

(2.) Crl.Appeal No.86 of 2006 is by the first accused and Crl.Appeal 193 of 2006 is by the second accused against their conviction and sentences. The State has come up in appeal in Crl.Appeal No.1796 of 2007 seeking enhancement of sentence. The State canvasses for capital punishment.

(3.) The incident which gave rise to this case seems to have occurred in the evening of 15.2.2005. Accused Nos.1 and 2 and the deceased were all related to P.W.1. Praveen, the victim, was earlier employed in a bus operated by the wife of the first accused, who was then working as the Deputy Superintendent of Police. Some time in November, 2004, he left the employment under first accused for certain reasons and took up employment with a mattress shop functioning at Ettumanoor. Praveen was working as driver for the shop. On 15.2.2005, as usual, Praveen went for work. But he did not return home. Praveen's father, namely, P.W.1, was employed at Trivandrum. He was informed about the absence of Praveen. He made frantic enquiries and search for his son, but did not succeed. Therefore, on 18.2.2005 he went to Ettumanoor Police Station and lodged Ext.P2 First Information Statement. P.W.69, the A.S.I. attached to the police station recorded the same and registered Crime No.110 of 2005 under the caption 'man missing' under Ext.P2(a) FIR. In the meanwhile, two human legs were found floating in the back waters beneath Cheepumkal bridge. Police was informed about the same. The first information statement regarding that incident was given as Ext.P86 and was recorded by P.W.68, who was the Sub Inspector of Kottayam West Police Station. He registered Crime No. 103 of 2005 under Ext.P6(a) FIR. The legs were retrieved with the assistance of P.W.17 and Ext.P8 is the relevant report. After the inquest report, the limbs were sent for postmortem examination. Ext.P87 is the inquest report. Meanwhile, P.W.73, the Scientific Assistant attached to District Mobile Laboratory collected samples of hairs from the legs. P.W.1 was informed about the said fact and he went to the Medical College and identified the legs as those of his son, namely, Praveen. P.W.71 conducted postmortem examination of the lower limbs and Ext.P92 is his report. Three incised wounds were noticed by the Forensic Surgeon. The opinion given was that they did not appear to be antemortem injuries. On 19.2.2005 information was received in the Vaikom Police Station that a torso in a plastic sack was found floating on the eastern side of the Vembanadu lake, which is north to the Thanneermukkom bund. P.W.17, the Circle Inspector of Police, Vaikom was informed and Crime No.99 of 2005 was registered as per Ext.89 FIR. P.W.1 identified the torso as that of his son. P.W.17 conducted inquest and Ext.P90 is the relevant report. It so happened that P.W.17 happened to see two upper limbs floating in the water nearby and he had them retrieved. P.W.1 identified those limbs as that of Praveen. M.Os. 1 to 3 were recovered from the torso retrieved from the lake. The Scientific Assistant, who was assisting the Circle Inspector took various samples. As per the directions issued by the Superintendent of Police, Kottayam, by order No.7893/05 dated 19.2.2005, the three crimes were consolidated and investigation was entrusted to P.W.77, the Dy.S.P., Kottayam. His investigation revealed the involvement of accused Nos. 1 and 2. On 24.2.2005 he had arrested them. During investigation, P.W.77 was informed that a human head enclosed in a sack was floating in the back waters of Cochin. P.W.77 rushed to the place and had the skull retrieved from the water. P.W.1 identified the same. Inquest was conducted and Ext.P15 is the report. The accused were produced before court and their custody was obtained by the police. Based on the confession statements said to have been given by the first accused, several articles were recovered. P.W.77 recorded statements of witnesses and prepared the necessary documents. After completing the investigation, he laid charge before court.