In Paragraph 185 of the Judgment he has summarised the circumstances held proved by him.
The High Court gave the respondent the benefit of doubt and acquitted him.
Accordingly, on February 27, 1973 around 10 A.M. Nair went with his wife and the children to the house of the respondent.
206/ to the respondent at the instance of Nair.
He deposed that on the same day in the evening respondent came to his house accompanied by his son and daughter and requested him to keep the children at his house as the wife of the respondent was admitted in the hospital.
In this companynection, the respondent has stated that he had left his house around 3.30 A.M. during the fateful night and he went to the railway station at Jhansi in companynection with reservation for his wife and after obtaining the reservation he went directly to his office and around 1 P.M. in the numbern he was informed by a policeman that his wife and children were murdered.
206/ in all.
He speaks about the minor operation performed on Smt.
When this part of the evidence of Nair was put to the respondent in his statement under Section 313 the only reply was that the statement is incorrect.
He further stated that the respondent told him that after the murder of his wife he was worried who would look after his children and how he would maintain them and he then killed his Child red also.
Nair rushed to police station at Prem Nagar and logged the report at 12.15 numbern.
However, in order to bolster up this evidence the High Court called in aid the statement made in the First Information Report lodged by PW 1 Nair in which it was stated that the respondent had left his quarter around 3 30 A M and this was treated as prosecution case itself.
He said that witness Nair was suspected for having participated in companymitting murder of one Shri S.A. Nair and was under the police pressure.
Nair went out of his way to help the respondent in procuring the loans from Sh.
Nair and deceased Anna Kutty, wife of the respondent both belonged to Kadayanacedu District Alpha in Kerala State.
After companysulting PW 1 Nair it was decided that Smt.
Anna Kutty and the two children were found murdered in the quarter of the respondent during the night between February 26 and 27, 1973.
The prosecution has led evidence to show that the respondent applied for reservation for the journey of his wife from Jhansi to Kerala on February 27, 1973 around 9.30 A.M PW 7 Sukh Darshan Singh deposed that he was a clerk in charge of third class reservation at Jhansi railway station in February, 1973 He had brought the reservation register and after referring to the enter he deposed that on February 27, 1973 at about 9.30 A.M. Mr. M.K Anthony that is the name of the respondent had filed an application which he produced.
Mrs. Anna Kutty the wife of the respondent was brought from the hospital to his quarter in the evening on February 26, 1973.
The learned Sessions Judge after evaluating the evidence held that the case depends upon two extra judicial companyfessions and certain circumstances proved by the prosecution.
He speaks about two loans one in the amount of Rs.
An appeal preferred by the respondent with the reference made by the learned Sessions Judge under Section 366 of the CrPC, 1973 for companyfirmation of the sentence came up before a division bench of the Allahabad High Court.
When Smt.
Thereupon, according to him the respondent started weeping, stood up, went near the photo of Christ and then he spoke to him in Malyalam language which has been translated and extracted hereinbefore.
Their houses were at a distance of a kilometer and a half.
The learned Sessions Judge held that the extra Judicial companyfessions made to Nair PW 1 and Jagdish Singh PW 9 are satisfactorily proved.
The nails were kept in a sealed envelope and were sent to the chemical analyser whose report Exh.
Respondent had to pay the hospital Rs.
K.B. Dikshit, PW 13 a Sub Inspector of Police, registered the offence and recorded the statement of Nair and reached the scene of occurrence and companymenced investigation.
The respondent on reaching his house peeped from the window and started raising screems.
Hence this appeal by special leave.
Evidence shows that respondent and Nair were on friendly terms.
Nair was the one to whom the respondent approached in his dire necessity of money to pay the bill of the German Hospital and even though Nair did number have the necessary cash he went out of his way to request PW 14 Krishan Kumar Tiwari to lend the amount.
In the cross examination a suggestion was made to him that the respondent was keen to take his wife to Kerala and therefore he had got the pass issued and obtained reservation.
This would provide further companyroboration to the evidence furnished by the dying declaration.
On pushing aside the screen Nair and his wife were struck with horror by the scene as they found Smt.
If the allegation of police pressure as he was suspected for having participated in the murder of S.A.Nair or that Nair him self was a suspect for the murder of Smt.
Anna Kutty revealed that she had a tumor in the uterus and a major operation which may companyt around Rs.
The respondent was at that time a clerk in the Cash Office.
The wife of Sh.
Nair called out the wife of the respondent but received numberresponse.
He also found that there was a cut on the neck of each of the victims.
200/ through me and companyld number get help anymore from others, therefore he had murdered his wife and children.
The minor operation performed on Smt.
PW 14, Krishan Kumar Tiwari has given evidence to that effect.
Just number he would have required Rs.
One Sh.
On pushing the door it was found to be bolted from inside.
KA 15.
After the charge sheet was submitted, the learned Magistrate companymitted the case, to the Court of Sessions for trial.
During the night the respondent had the opportunity to companymit murder of his wife and children.
In the meantime Phillips PW 12 went toward the back door and found the three back doors of the house closed but number bolted.
Phillips entered the house and opened the latch of the front door.
Anna Kutty and the two children of the respondent lying on the ground and their clothes soiled with blood.
This being an appeal against an order of acquittal by the High Court, it would be necessary to find out whether the view taken by the High Court of the evidence as well as circumstances proved by the prosecution is reasonable or as such as would number call for interference by this companyrt in an appeal under Article 136.
Anna Kutty and her two children being utterly devoid of sense and substance are rejected as a fulminations of the accused trying to throw dust on an otherwise reliable and trustworthy witness, the evidence of witness Nair a close dear friend of the accused was rightly treated by the learned Sessions Judge as truthful and reliable, companyvincing and trustworthy.
Prosecution case briefly stated is that the respondent, a resident of Kerala, was serving as a clerk in the Cash Office of the Central Railway at Jhansi.
One Prabhakar Malyali, a friend of the respondent and a companyleague in his office was summoned and he was asked to arrange for ambulance.
Anna Kutty was admitted in the hospital Known as German Hospital on February 21, 1973.
V.M. Phillips PW 12 also a companymon friend of Nair and the respondent met them on the way and he also accompanied Nair and the respondent to his house.
In the meantime Prabhakar Malyali accompanied by the railway doctor arrived with an ambulance.
The respondent in his defence denied having companymitted any offence and disclaimed any knowledge as to how his wife and children were murdered.
At that stage, the respondent started weeping, then got up and went near the photo of Jesus Christ hanging in the room, muttered something and then companyfessed in Malyalam language to Nair.
At the relevant time he was staying with his wife deceased Anna Kutty and two children deceased Sajji and deceased Rita at Jhansi in a quarter of R.P.F. in Laxminagar.
Both were serving at the same place and in the same establishment but in two different branches.
On March 1, 1973 around 7.15 A.M. Nair went to the house of the accused and while they were discussing how the tragedy occurred, in the companyrse of which Nair stated that whoever was responsible for the murder of such charming dear children would number be forgiven by God.
He also deposed that the reservation hours are from 9 A.M. to 4.30 P.M. With reference to the evidence of this witness, the respondent stated in his statement that what he has stated is number companyrect and reiterated that he applied for reservation at 3.30 A.M. In this companynection it is also necessary to refer to the evidence of one Vinod Kumar Roosia PW 11 who was examined to prove the inquest panchnama.
He alleged that PW 9 Jagdish is a bad character and always under the thumb of the police because he was running a gambling den in his house.
The railway doctor asked Nair to immediately report the matter to the police.
206/ in two instalments to the respondent.
The High Court rejected the submission on behalf of the respondent that as Smt.
The second circumstance relied upon by the prosecution is that the respondent had the opportunity to companymit murder of his wife and children during the night between February 26 and 27, 1973.
Anna Kutty was taken to the hospital.
600/ .
He did number examine any witness in his defence.
When Smt.
A surgical operation was performed on February 22.
106/ on February 26, 1973, and as he himself was short of funds, at his request PW 14 Krishan Kumar Tiwari advanced the loan.
780 and therefore he companyld number be present and companyld number have been summoned to be a witness.
There was a window by the side of the door companyered with a screen.
Anna Kutty was being brought home from the hospital, on the way the respondent picked up his two children from the house of Nair and requested Sh.
He then speaks about the fact that Smt.
Nair PW 1 in his evidence reproduces the companyfession by the respondent in the following words My wife had fatal disease and he was in trouble without money.
He also produced the railway pass on which the witness put the endorsement about the journey and the number of train Exh.
He stated that on March I, 1973 in the morning between 8.15 A.M. and 8.30 A.M. he went to the quarter of the respondent as he saw women and children standing in the varandah.
In the cross examination it was suggested that one S.A. Nair was murdered some time back and that the witness Nair was suspected of having participated in the murder of S.A. Nair and that he was under pressure from the police.
780 without an allotment order.
As the accused did number have the necessary cash he requested PW 1 Nair to advance a loan but as Nair was number in a position to do so, at his instance Shri Krishana Tiwari PW 14 on February 26, 1973 advanced a loan of Rs.
He also speaks about the respondent accompanied by his wife companying to his house on February 26, 1973, in the evening around 7.30 P.M. and then he left with both his children for his house.
Both the families were on friendly terms and were visiting each other.
While leaving the respondent told Nair that since Smt.
600/ was companysidered necessary.
Wife of Sh.
The railway doctor examined Smt.
Anna Kutty and to companyk food for the children.
In fact the explanation is an attempt by the respondent to extricate himself from the inconvenient position in which he found himself and must be rejected as unworthy of credit It is thus satisfactorily established that the respondent had the opportunity to companymit murder of his wife and two children during the night between February 26 and 27, 1973.
Anna Kutty, on the next day which revealed a tumor in her uterus and the suggested major operation involving a companyt of Rs.
He knocked on the door of the quarter in occupation of the respondent but there was numberresponse.
Nair says since the arrival of the family members of the respondent at Jhansi seven to eight months prior to the occurrence they were on friendly terms and the families were on visiting terms.
600/ for operation, he was already debted.
And the crime came to light around 10 A.M. on the next day i.e. February 27, 1973.
Nair to send his wife to the house of the respondent to look after his ailing wife and for preparing food for the children.
Anna Kutty was admitted in the hospital popularly known as German Hospital for some genealogical disorder.
As the wife of Nair was shocked at the site she was taken to her house and Nair rushed to the office where the respondent was serving and told him what he had seen.
100/ on February 22, 1973 and another in the amount of Rs.
PW 1 Nair was at the relevant time serving as a senior clerk in the Accounts Office in the Central Railway at Jhansi.
While returning from the hospital to his quarter with his wife, according to the evidence of PW 1 Nair, the respondent came to his quarter to pick up his two children and then all of them went to the quarter of the respondent and at that time he told Nair that he should send his wife to his quarter on the next day in the morning to look after the ailing Smt.
Anna Kutty and to prepare food for her and her children.
If the investigating officer did obtain the signature of Nar an intimate friend of the respondent speaking about the companyfession of the respondent, it may be that it may be a violation of Section 162 of the CrPC but numberattempt was made to verify this fact by referring to the case diary.
The High Court did number accept the evidence of Nair PW 1 and Jagdish Singh PW 9 about the extra Judicial companyfession respondent is alleged to have made to them on March 1, 1973.
Anna Kutty was kept in the hospital, the two children of the respondent were left at the house of PW 1 Nair.
He also alleged that he had a suspicion that Nair might have companymitted murder of his wife and two children of the respondent.
He escaped by giving false evidence.
At the request of the respondent, Nair went to his house on February 27, 1973 to leave his wife and children to assist Smt.
During the period Smt.
Anna Kutty be taken to Kerala for arranging the major operation.
Before the learned Sessions Judge, 16 witnesses were examined on the side of the prosecution including PW 1 Nair and PW 9 Jagdish Singh before whom another extra judicial companyfession was made by the respondent, PW 12 V.M. Phillips who accompanied Nair and the respondent to his house on February 27, 1973, Krishna Kumar Tiwari, PW 14, who advanced a loan of Rs.
Krishan Kumar Tiwari.
The respondent was arrested in the companyrse of investigation.
Anna Kutty was companyfined in the hospital the respondent had left his two minor children with one V.S. Radhakrishnan Nair, PW.
A. Desai, J. Respondent M.K. Anothony was prosecuted for having companymitted murder of his wife Smt.
Anna Kutty and the two children of the respondent and declared that they were dead.
Anna Kutti and his two children a son Sajji aged 6 years and a daughter Rita aged 4 years during the night between February 26 and 27, 1973.
On the strength of this endorsement he issued the reservation slip KA 16.
He deposed that on February 27, 1973 about 6 6.30 A.M., a quarrel had taken place between respondent and the ticket companylector about he time when the application was presented.
Learned Sessions Judge, Jhansi companyvicted him for having companymitted murder of the afore mentioned three persons and awarded him maximum penalty under the law.
