(1.) The accused in S.C.No.425/2009 before the IIIrd Additional Sessions Court, Ernakulam (CBI) is the appellant before us in this Criminal Appeal that impugns the conviction and sentence awarded to him by the trial court which found him guilty of the offences punishable under Ss. 302, 383, 449, 397, 392, 201 of the Indian Penal Code [IPC].
(2.) The prosecution case was that on the night of 5/12/2006 between 18.45 hours and 19.00 hours, the accused trespassed into the residence of Kumaranunni Nair and Anandavally Amma with the intention of killing them. During a scuffle that occurred inside the house, he strangulated Kumaranunni Nair who became unconscious and fell down. When Anandavally Amma arrived at the scene hearing the noise, the accused inflicted multiple injuries on her with a Billhook/Koduval and murdered her. He thereafter murdered Kumaranunni Nair who had regained consciousness in the meanwhile, by inflicting multiple injuries on him as well using the same Koduval. The accused then cut and removed two gold bangles from Anandavally Amma's hands and also took a gun and cash of Rs.550.00 that belonged to Kumaranunni Nair. He then sprinkled kerosene and coconut oil on the bed sheets and pillows and lit fire to it after putting it on the dead bodies and also sprinkled the compound of Pepsi Entrine and Phenol all over the area where he had moved so as to destroy any evidence of his presence at the scene.
(3.) The crime was detected only on the morning of 6/12/2006 and an FIR was registered by the police on the same day. After an initial investigation done by the local police, the investigation was transferred to the CBI. The accused was arrested on 12/5/2009, and produced before the court below that remanded him to custody. The case was committed to the IIIrd Additional Sessions Court, Ernakulam (CBI), and was numbered as S.C.No.425/2009. The trial started on 7/1/2010, closed on 21/1/2011 and the sentence was passed on 7/2/2011.
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