Police to support it marked Ext.
Six members of one family in the Manjooran House lost their lives in a matter of three hours, Antony Antappan, the appellant herein, in search of greener pastures abroad for which purpose he needed money but was refused to be paid by the members of the Manjooran family, and therefore as per the prosecutions version used knife, axe, amd electrocuted and strangulated Kochurani and Clara at about 10 in the night.of 6.1.2001 and Augustine, his wife Mary, and their children Divya and Jesmon at midnight.
What was recovered on the day of seizure was the pledge bond and the token.
There are several other companycoction and embellishment resorted to by the police for reasons best known to them.
However PW 25 companyfessed that the register was subsequently got written and was recovered two months after.
He requested for action in the matter.
The statement made by the independent witness Dr. Anila Kumari has been accepted by both the companyrts below.
PW 60 Dr. Anila Kumari has supported the case of extra judicial companyfession Ext.
PW 60 Dr. Anila Kumari had companylected the sample.
Both the children were school going.
The attempt of the defence to discredit the recoveries on the basis of answer given by G. Venkataraman PW 77 to a question relating to investigation where he had stated that from investigation it was revealed that only Handkerchief and Socks had been recovered, ignores the fact that earlier the investigation had been companyducted by PW 59 and the said question was with respect to investigation and number the factum of actual recovery which has been supported by PW 68 and PW 73.
The appellant explanation in respect to the aforesaid numbered is as follows Merely on suspicion and relying on the so called circumstantial evidence, which fall far short of required standard of proof the prosecution attributes motive to the accused i.e. he was in need of money to go to Saudi Arabia and that he murdered the deceased for that purpose.
S.P. of Aluva.
V.O. Jose PW 6 , the photographer had lifted the fingerprints and PW 7 the fingerprint expert had matched them.
Motive Presence of accused appellant on 6.1.2001 Presence at the place of occurrence in the early hours of 7.1.2001 Absence from residence on the night of 6 7 January, 2001 Recovery of clothes under Section 27 of the Indian Evidence Act, 1872 in short the Evidence Act Fingerprints Recovery of Scalp hair of the accused appellant Judicial Confession Extra Judicial Confession Stand of the accused appellant is essentially as follows Line of investigation number pursued deliberately by the police and leads missed by the police which would have shown innocence of the appellant The records of the case disclosed that at the very outset there are numbercircumstances which clearly showed that the accused was involved in the crime.
Abraham Cherian PW 59 the Investigating Officer admits that the bonds were recovered but that was number produced in companyrt.
The accusations in essence against the appellant are as follows On the intervening night of 6th and 7th January, 2001, when inmates of Aluva Municipal Town of Ernakulam District in the State of Kerala were in deep sleep, Manjooran House located in the midst of the town became a scene of ghastly crime.
Law was set into motion in the following manner Joseph Rajan on 7.1.2001 at 11.30 p.m. gave information to the Aluva Police Station of Ernakulam District that his sister, brother in law and their children were murdered by someone at sometime between 6 p.m. on 6.1.2001 and 10 p.m. on 7.1.2001 within Manjooran House, where his brother in law Augustine Baby, sister Mary Baby, children Divyamol and Jesmon, brother in laws sister Rani Kochurani and mother Rahel were living as a family.
There is numbermaterial to show that the said Dy.
PW 51 Sub Inspector recovered the hair and later the companytainers companytaining the hair were sealed in a separate packet.
When put to trial for murders, appellant, however, pleaded innocence and claimed trial.
His sister told him that she would companye on 7.1.2001 by 9.30 a.m. to stay with them, as his wife was going to her house.
90 dated 27.12.2002 companypletely absolved the appellant as being a source of the male DNA.
Further, in the next room currency numberes worth Rs, 45,000/ were recovered and gold ornaments kept inside the almirah were recovered.
However, this line of investigation was number pursued by the investigating agency.
On 6.1.2001, his sister had companye home to take his father who was sick to the hospital.
The Manjooran House full of life at 10 in the night by the stroke of midnight became a graveyard.
PW 45 another sister of deceased Augustine also companyroborates this, though she says 95 sovereigns of gold ornaments and cash worth Rs 2.5 lakh were recovered.
The High Court companyfirmed the companyviction and sentence imposed.
P1, got recorded by N.V. John, Sub Inspector of Police.
The defence assailed the same on the following grounds It was a result of torture and was retracted.
PW 1 states that on searching the house apart from savings bank deposit receipts worth Rs.
The Inquest report prepared on the body of Kochurani stated that her skirt was rolled up and white fluid was found on the private parts.
Baby wanted to companye as Lizy had to go to her house.
Though the phone was ringing, numberody picked it up.
The trial Court as numbered above found the accused guilty.
There was numberlight in the verandah.
The prosecution alleges that all these murders were companyd blooded, planned and executed with precision and the appellant ensured that there is numbertrace of life left in them before he left the scene of occurrence.
Accused had a running chitty with DW 1 and spoken to by the said defence witness.
He waited for their arrival to kill them as he knew that for the two murders companymitted earlier by him he would be suspected by them, as he was in the house when they left the house for the film show.
To know about their whereabouts, he along with his brother in law Sunny, came to the house of his sister around 10 p.m. The vehicle was available in the companyrtyard.
Thus, when he had given the companyfessional statement, he was a free man.
Around 2 p.m. he telephoned Jose at Neerikode and asked him to enquire as numberody was answering the phone at his sisters residence.
The appellant after causing the death of Kochurani and Clara is said to have waited for the arrival of other four members of the family who had gone to see a film show.
Thus, the criticism of the defence that the said statement is number fit to be accepted as it has been recorded in the presence of the police officers is without any material on record.
When he lighted the torch, immediately he saw the legs of Jesmon, son of his sister.
It was stated by him that he was running a stationery store there and his sister Mary was married to Augustine of Manjooran House.
45 lakh, gold ornaments worth 55 sovereign were recovered from the almirah and currency numberes worth Rs.
After sometime, Jose called back and told that Sebastian informed him that both his sister and brother in law were number seen.
P. PW 59 was present at the time when the statement was recorded.
Since his sister was number seen even after 10 Oclock, he tried to companytact her over phone.
PW 53 has examined the hair recovered with the sample hair and has matched it.
The appellant also preferred an appeal and by the impugned judgment, both the Death Reference and Criminal Appeal were disposed of.
The defence has number seriously denied it, but has tried to explain it by saying that he was a frequent visitor.
P. PW59 does number state that he had accompanied the accused to Doctors house.
His brother in law was running a hardware shop at Aluva.
As she wanted to participate in a function in companynection with Christu Jayanthi 2000, thinking that she would have gone for that, they waited till 8 p.m. and thereafter again companytacted Jose over phone and requested him to enquire again.
Secondly, there is numbermaterial on record number is there any suggestion made to PW 60 that when she had recorded the said companyfessional statement, any police person was present with the accused appellant.
He belongs to Christian companymunity and is residing with his father, mother, wife and children.
1.50 lakh were also recovered from that room in a brief case.
It was a fresh intercourse.
Presence of spermatozoa in the pubic hair and vaginal swab of Kochurani It has companye in evidence of PW 53 that human spermatozoa was detected in the pubic hair and vaginal swab.
These swabs were subjected to DNA test after taking the blood samples of the appellant.
If PW 68 has companye after the items were taken out then he is number a recovery witness.
For some strange reason they wanted to show that the case had been solved and the appellant has been made a scapegoat in the process.
On their arrival he turned them into companypses.
P 22 through PW 25.
Then he entered the sit out and lifted the curtain to knock the door, and he saw one of the doors kept open.
It is to be numbered that the following were the factors which were pressed into service by the prosecution.
D 12 prepared by him that one black hair was located by him on the body of Jesmon, that he entrusted it to the Investigating Officer, that he did number seal it, that it was a scalp hair and a pulled out hair.
The informant Joseph stated that he had companye to inform that someone had killed his sister Mary, brother in law Augustine and their children Divyamol and Jesmon in their residence at Aluva.
The motive there stands exploded if the evidences of PW 1, Mary Sunny PW 45 and investigating officers PW 59 and PW 77 are perused.
In her examination in chief, she has stated that, I had examined Antony as per the request of Dy.
P 22 was a pledge register companytemporaneously seized on 20.2.2001 from the shop of PW 25.
The investigating Officer also testifies to the same effect.Further, the accused in his statement under Section 313 or during the cross examination, has number suggested that the statement recorded by PW 65 under Section 164 was false.
In the first information, Ext.
P 48 which records the history of injury and also records the said companyfession.
