SATHEESH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) A bizarre and horrifying occurrence in which a sexagenarian nun was allegedly murdered in the convent where she was living is the subject matter of this appeal. The sole accused in the case who stands convicted for the offences punishable under Ss. 449, 302, 376A, 392, 457 and 380 of the Indian Penal Code (IPC) is the appellant.

(2.) As the victim was not seen for the morning prayer at the Chapel attached to the convent on 17/9/2015, the Mother Superior of the convent along with another went to the room of the victim in search of her and in the room, they found the victim lying on her back on her cot in a pool of blood in her night dress. A doctor in the nearby hospital who reached the convent on coming to know of the occurrence, entertained a doubt as to the cause of death. The matter was accordingly informed to the police by the Mother Superior and a case was registered on the basis of the said information by the Pala Police on the same day as Crime No.1624 of 2015.

(3.) The then Deputy Superintendent of Police, Pala took over the investigation of the case soon and made arrangements for holding inquest and autopsy of the body of the victim. He also prepared the scene mahazar. In the course of preparing the scene mahazar, the investigating officer seized the objects found at the scene and caused the fingerprint experts to lift the chance fingerprints from the scene of occurrence as also surrounding areas. He questioned several witnesses in the meanwhile and thereafter, arrested the accused after a few days from Haridwar on 24/9/2015. The accused was brought to Pala on a transit warrant and had been produced before the Jurisdictional Magistrate on 27/9/2015. Later, the custody of the accused was obtained on 28/9/2015 and while the accused was in police custody, the weapon allegedly used by him for committing the crime is stated to have been discovered and seized based on the information furnished by the accused. The final report in the case has been submitted thereupon alleging commission of the offences for which he is punished.