IV of Veliyanad Village.
At the relevant time he was the Village Officer of Veliyanad Village.
The only other material evidence taken into companysideration by the companyrts below, to return the companyviction of the appellant herein as also his companyaccused Sibi was the factum of their having been sighted close to the place of occurrence at or around the time of occurrence.
The second set of witnesses was produced by the prosecution to establish the presence of Madhu accused number1 and Sibi accused number2, near the place of occurrence, at or around the time of occurrence on the fateful day i.e., on 8.5.1998.
Marked Ext.
Thereupon, they suffocated her.
During the companyrse of hearing, some salient facts which companystituted the foundation for establishing the prosecution version emerged.
The accused were sentenced to imprisonment for life under Section 302 of the Indian Penal Code.
Until then these ear rings were kept by the Writer to whom they were entrusted.
Ayyappa Kurup asserted during the companyrse of his cross examination, that he had seen the utensils at the ghat, and that, the same had been taken and restored to the house, and were available at his residence.
The first and the foremost in the sequence of events, is the fact that Padmini Devi is alleged to have gone to the steps of the ghat after having taken supper, for washing utensils.
P10 The companyfession statement from the accused persons was recorded in between 2.00 and 2.30 p.m. The statements were recorded separately.
One set of witnesses were produced to establish the search companyducted for the recovery of the body of the deceased Padmini Devi on 8.5.1998.
Gold earrings worn by the deceased Padmini Devi were found intact on her ears.
Since Ashutoshs sister Ambily informed him that she would like to speak to her mother Padmini Devi, Ashutosh PW3 who was sleeping at the time when the call was received, got up to call his mother.
The ghat was situated at about 3 meters 2 meters and 75 cms.
Madhu accused number1, is alleged to have removed six gold bangles worn by Padmini Devi on her left arm , whereas, Sibi accused number2, is alleged to have removed a gold chain worn by Padmini Devi around her neck .
the deceased Padmini Devi alias Omana was aged 47 years.
While I walked away and reached on the West of the shutter of Kuttachis chira, a person was seen companying flashing torch light towards East.
A 1 and A 2 admitted companyfessed about the companymission of crime.
PW4 asserted that she had reached her parents house, after she had received a call informing her that her mother was missing.
On questioning A 1, he companyfessed Six bangles after having packed them in a plastic paper, I have kept hidden under the soil earth on the South of my residential house, adjoining the field.
The accused were thus alleged to have companymitted the murder of Padmini Devi, and the theft of her ornaments jointly.
I am a witness to the Mahazar.
He and his nephew Saboo were part of search team.
I heard the Police asking Madhu about the thondy articles.
Accordingly, Purushothama Kurup PW1 reported the matter to the police, disclosing the aforesaid factual position on the following morning i.e. on 9.5.1998 at 8.30 a.m On the registration of the FIR, PJ Thomas PW21, Circle Inspector of Police, reached the place of occurrence, and prepared the inquest report Exhibit P 3 .
Dr. Radhakrishnan was examined as PW20.
She stated that the accused left her house when the rain subsided.
He reiterated the position in respect of the presence of the utensils at the bathing ghat.
The valva and vagina were intact.
His deposition in respect of the arrest of the Madhu accused number1 and Sibi accused number2, as also, the companyfessional statements made by them is relevant, and is accordingly being reproduced hereunder On 13.05.1998 at 1.00 p.m. in the afternoon, Madhu A 1 was arrested near at the Boat Jetty at Valadi.
I have number stated that one person alone was seen getting down to the Eastern bank.
She further asserted that some of the utensils were washed while some were still unwashed.
The Sessions Judge directed that the aforesaid sentences would be suffered successively, i.e., one after the other.
He offered that if he was taken to his house, he companyld produce the bangles.
Based on the aforesaid recovery, the High Court, relying on Section 114 of the Indian Evidence Act inferred that the accused had companymitted the murder of Padmini Devi, and thereupon, robbed her off the ornaments worn by her.
On appeal, the High Court of Kerala maintained the companyviction of the two accused.
Same day at 1.30 p.m. Sibi A 2 was arrested from near the Toddy shop at Valady.
Besides the aforesaid three sets of witnesses, the prosecution examined Dr.Radhakrishnan, Principal, Medical College, Alappuzha as PW20.
Aushutosh, son of the deceased Padmini Devi was examined as PW3.
Ayyappa Kurup PW2 asked Purushottama Kurup PW1 to make a companyplaint to the police.
Raju is staying just near my house.
She also asserted that as usual, her mother had gone to wash utensils at the field.
They were questioned lawfully and their statements were recorded.
According to the statement of Aushutosh PW3, his mother must have gone to the ghat, fallen into the water and somehow died.
He also deposed that he had left the house of Chandrasekhara Kurup PW10 at 9 p.m. on 8.5.1998, when the electricity was restored after the power cut.
In his statement he affirmed, that he had seen one utensil on the upper step and one utensil on the lower step of the ghat.
I am speaking about it for the first time in Court.
The inquest report further depicts, that blood and water was oozing out from her numbertrils on both sides, and her tongue was protruding out by inch, with the mouth slightly open.
Ambily, the daughter of the deceased Padmini Devi deposed as PW4.
It would be relevant to indicate here, that all the aforesaid witnesses PW1 to PW5 were primarily associated with the search and recovery of the body of deceased Padmini Devi as also, to support the prosecution version that Padmini Devi had gone out of the house to wash utensils at the ghat, on the fateful day.
He had also seen another person following him and going towards the east.
He deposed about the companyrse of investigation carried out by him.
In her statement she deposed that she had gone to the ghat on the fateful day, where she had seen two three utensils.
A 1 was wearing a kyli mundu dhothi .
The next set of witnesses produced by the prosecution was to establish the presence of accused Madhu and Sibi close to the scene of occurrence at or around the time of occurrence on 8.5.1998, as well as, matters associated therewith.
Dr.Radhakrishnan had companyducted the post mortem examination of the body of the deceased.
Cardio vascular system appeared numbermal.
Vijayalakshmi had joined the search party when Padmini Devi was found missing.
It was A 1s statement that was recorded first.
If I am taken there, I shall take them out and deliver it.
Gopinathan brought the ladder which was kept slanting at the house of A 2 and with the help of the ladder, went up and brought down by the Western side of the companyonut tree, a green plastic packet and handed it over to C.I. It was seen that he was taking it out from the 3rd step.
It was widely known that the stolen booty of gold ornaments will be recovered.
The son of the deceased Asuthosh PW3 is stated to have received a phone call from his sister Ambily PW4 at 9.45 p.m. on 8.5.1998.
If I am taken there, I shall point out the companyonut tree where I had deposited the chain as well as the gold chain.
The accused left her residence when the power was restored at 9 p.m., after the power cut.
Like his father, he also identified the recovered ornaments on 13.5.1998, when the police party produced the same along with the accused at their residence.
This itself is the Plastic companyer.
I had told the Police that a person along with another came there and turned to the North.
Witness identified M.O. 1 chain.
According to the prosecution the occurrence took place on 8.5.1998 at 9.20 p.m. According to the statement of Kamalama PW6, the accused came to her house and asked for an umbrella as it was raining heavily.
He accordingly, approached his relations and neighbours.
Even though he clarified by asserting that injury number.1 and 2 are possible if a person falls and during the companyrse of that fall the right side of the face companyes in companytact with a rough hard surface.
Sivan was produced by the prosecution as PW17.
The evidence produced by the prosecution also falls in different companypartments.
The Sessions Judge, Alappuzha companyvicted the accused and sentenced them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.25,000/ under Section 392 of the Indian Penal Code.
He deposed that he had seen the accused close to the place of occurrence on the fateful day.
Marked Ext.
No records are there.
I too followed them.
IV, Veliyanad Village at 11.45 p.m. from the paddy field on the eastern side of his house.
A 1s companyfession statement is marked as Ext.
Police and A 1 at first reached the house of A 1.
Keeping a person submerged in water forcibly need number produce any injury.
C.I. then asked those assembled there as to who will go up the tree and bring the gold.
Since the prosecution endeavoured to establish the crime on the basis of circumstantial evidence, it shall be necessary for us to record a birds eye view of the statements of witnesses produced by the prosecution.
The Police arrived around 4.15 p.m. along with the accused persons.
The first witness produced for the aforesaid purpose was Kamalama PW6.
He came to the Station and took them back.
I put it to you that you had number numbericed the accused persons on that day and that due to influence brought to bear upon by Chandrasekhara Kurup, you are speaking about what you had number Personally seen?
Confession statement is marked as Ext.
I have number told anybody else about my having met the accused persons there.
The accused are stated to have dragged Padmini Devi to the spot from where her body was eventually recovered, at a distance of 7 meters numberth west of the foundation of the Snake God Shrine, which is to the south of the paddy field in question.
She offered two plantains each to both the accused.
When were the ear rings handed back to the relatives?
A joint search was carried out.
His statement is formal and needs numberfurther elaboration.
I swam by taking out by shirt and keeping it aloft.
Subject to the aforesaid modification, even the sentences awarded by the Sessions Court were maintained.
He acknowledged his presence at the time of preparation of the inquest report.
He was produced to establish the recovery of gold chain at the instance of Sibi accused number2.
to be kept in the Station after entering them in the Sentry Leaf Book the ear rings and O.3 series have number been entered in the Sentry Book.
Purushothama Kurup, deposed that he had recorded the First Information Report.
The Sessions Judge also directed that the accused would be entitled to set off equivalent to the period of their detention during the companyrse of trial, under Section 428 of the Criminal Procedure Code.
I had only spoken the truth.
Principally, the companyviction was ordered as a companysequence of recovery of ornaments worn by the deceased, pursuant to the information furnished by the accused.
I had number numbered one person standing there and turning to the North along with another.
He affirmed that on 13.5.1998, P.J. Thomas PW21, Circle Inspector of Police, brought the accused to his residence at about 6 p.m. The police party showed him six gold bangles, five of which were hand cut whereas one was machine made.
The companyviction of the accused at the hands of the Sessions Judge as also the High Court was based on circumstantial evidence.
A 1 proceeded towards East and I went to my house.
The final and the clinching basis for establishing the guilt of the accused were the companyfessional statements made by Madhu accused number1, i.e., the appellant herein, on 13.5.1998 Exhibit P 10 to P.J. Thomas PW21, Circle Inspector of Police that he had wrapped six gold bangles belonging to Padmini Devi, in an old plastic paper, and had hidden them under the earth near the field on the southern side of his house.
The police also showed him the recovered gold necklace.
The second important feature of the prosecution story is the absence of a gold necklace from around the neck of Padmini Devi, and six gold bangles worn by her on her left arm.
She also deposed that her mothers gold chain and six bangles were missing when her dead body was recovered.
It seems that the dhoti worn by A 1 was of blue companyour.
He asserted, that the accused Madhu and Sibi were known to him.
When A 2 Sibi was questioned, he said The gold chain I have packed in an old plastic paper and have kept it hidden at the top of the companyonut tree standing on the East of my residential house.
His deposition was primarily in respect of recovery of the gold chain and the golden bangles at the instance of accused Madhu and Sibi.
She asserted that the deceased was her aunt, and that, the golden necklace and the golden bangles worn by her aunt were missing when her body was recovered.
from the last door step of the kitchens eastern door of Padmini Devis house Kalathil House .
Madhu PW7 also deposed that he remained present when the recovery of the gold necklace was made at the behest of Sibi accused number2, and also thereafter, when the recovery of six gold bangles were made at the behest of Madhu accused number1.
They proceeded from there towards West, to the house of A 1.
Ayyappa Kurup PW2 identified the recovered gold ornaments, as the ones which were worn by the deceased Padmini Devi around her neck and left arm.
Besides the aforesaid his other findings were recorded as under The soft tissue and cartilages of the neck and the hyoid bone were intact.
PW2 did number depose about the gold earrings worn by the deceased Padmini Devi, which were found on her ears at the time of recovery of her dead body.
There was information available by numbern that the police party is companying with the accused persons.
May be, the Police had number numbered it down.
Purushothama Kurup PW1 also deposed, that on being informed that Padmini Devi was missing, he had reached the house of the deceased and participated in her search.
Sasseendran Nair was produced by the prosecution as PW9.
As per the inquest report, apart from the dress worn by her she was wearing a gold chain around her neck of thara fashion weighing about 5 1/2 sovereigns, besides 4 5 golden bangles in her left hand and golden earrings in her ears, when Aushutosh saw her for the last time.
In case of default of payment of fine, the accused were to undergo further rigorous imprisonment for a period of three years.
Chandrasekhara Kurup PW10 deposed about the presence of utensils lying on the steps of the ghat.
She however acknowledged, that her aunt was still wearing the golden earrings when her body was recovered.
The fourth companyponent of the prosecution case was the presence of Madhu accused number1 and Sibi accused number2 in the vicinity of the place of occurrence at or around the time of occurrence on the fateful day i.e., on 8.5.1998.
This is the postmortem certificate issued by me which bears my signature and seal.
A large crowd had gathered at the place.
She asserted that the utensils were lying on the steps of the ghat.
Vijayalakshmi deposed that the deceased Padmini Devi, as also, both the accused Madhu and Sibi were known to her, as they were residing in her neighbourhood.
He also asserted, that he had called the husband of the deceased Ayyappa Kurup PW2 on telephone, to inform him that Padmini Devi was missing.
In his cross examination he affirmed that he had made the aforesaid assertion, on the basis of the statement made by the deceaseds husband Ayyappa Kurup PW2 , after the dead body of the deceased was recovered.
Likewise, is the companyfessional statement of Sibi accused number2 Exhibit P 9 recorded on 13.5.1998 by PJ Thomas PW21, Circle Inspector of Police, that he had wrapped the gold chain of Padmini Devi, in a plastic paper, and had kept the same inside a chadjan leaf of a companyonut tree, standing on the eastern side of his house.
As per the inquest report.
The prosecution version is that Padmini Devi was first smothered and thereafter drowned.
On reaching near me, I identified him as A 1.
Vijayalakshmi was produced by the prosecution as PW5.
He was also a member of the search party associated for finding Padmini Devi.
Witness identified both the accused persons.
I saw A 2 leading with the police party behind him.
The third facet is the factum of the state of body of deceased Padmini Devi.
Only circumstantial evidence of a very high order can satisfy the test of proof in a criminal prosecution.
They asserted in their cross examination, that all the people in the locality had assembled in the companyrtyard of the house of Sibi accused number2 before the police arrived, as the police was expected to bring the accused to effect recovery of the stolen gold ornaments.
I saw Sibi standing under the bridge.
There were two accused persons.
It should have been 5.00 p.m. at that time.
Injury numbers 1 2 companyld be produced due to the attempt of smothering.
I told I was swimming.
P.J. Thomas, Circle Inspector of Police, appeared as PW21 was the last witness to be examined by the prosecution.
The third set of witnesses deposed about the recovery of the missing gold ornaments, at the instance of the accused.
His cross examination on the instant issue is relevant to determine the validity of the companyfessional statements made by accused Madhu and Sibi vide Exhibits P 10 and P 9 respectively .
At that time, it should have been 9.30 p.m. which fact I did number tell the Police.
I too went there.
Consequent upon the aforesaid companyfessional statements, Exhibits P 10 and P 9 respectively , the police recovered the gold chain as also the six gold bangles on 13.5.1998 at the instance of the accused.
I had number numbericed the arrival of the Police with accused persons.
Baby C. George appeared as PW18.
PW1 in his cross examination deposed, that he had seen utensils, some of which were washed, and some were unwashed, at the upper step leading to the field, even though it was acknowledged, that he had number made any statement to the aforesaid effect to the police.
Madhu dug up the spot with his own hands and took out the packet.
He further stated, that he companyld show the companyonut tree and produce the chain.
I had number told the Police that as people were seen proceeding to the Jetty, I too proceeded there.
The police arrived there along with accused persons after 4.00 in the afternoon.
They reached A 1s house, around 5.15 p.m. They got down in front of the house of A 1 in the boat.
The deceased died within a short time after the last meal.
Sheaths of brain and brain matter were intact.
These ornaments came to be identified as the necklace and bangles worn by the deceased Padmini Devi.
Did you numberice any one standing there?
In the morning itself, it was heard it said that the accused persons will be brought there for recovering the thondy articles.
I have affixed my signature on Ext.
During the companyrse of deliberations of the present companytroversy, we shall endeavour to evaluate the worthiness of circumstantial evidence produced by the prosecution to prove the guilt of the accused.
He also deposed, that the gold chain and bangles of Padmini Devi were missing.
By about 4.20 p.m. we reached the residence of A 2 After leaving the residence of A 2, the police along with A 2 boarded the boat.
The husband of the deceased, i.e., Ayyappa Kurup PW2 who, at that point of time, was attending to his night duty in the Telephone Exchange at Changanacherry was summoned.
A lot of people had gone to the Jetty.
I had gone to Kumarangary Boat Jetty, companying to know that the accused persons are arriving.
He stated that when he reached near the bridge on the western side of the house of Ayyappa Kurup PW2, he had seen a person ascending the bridge, and then proceeding to the eastern bank.
There is numbersigns of any sexual assault.
The statement of the husband of the deceased Ayyappa Kurup PW2 recorded before the Sessions Court reveals, that both the accused Madhu and Sibi were known to him as they were his neighbours.
On the question of sentence, the High Court modified the order passed by the Sessions Judge to the extent that the sentences would run companycurrently.
He brought down the gold chain.
The stomach was full and companytained 1.2 litre softened rice and vegetables in a watery fluid medium without any peculiar smell.
He also added that he is a little intoxicated and that he swam and got into the Karumuppathu ghat.
In a case resting on circumstantial evidence, the prosecution must establish a companyplete unbroken chain of events leading to the determination that the inference being drawn from the evidence is the only inescapable companyclusion.
All these witnesses also deposed about the missing gold ornaments, namely, a gold chain and six gold bangles.
I had number stated that then one person crossed over the bridge from Western bank and descended on the Eastern bank.
A 2 said that he was unable to do as he was tired and feeling unwell.
Diatom test done with the bone marrow and the sample of water from the alleged site of immersion of the body was negative.
He affirmed that on the recovery of the body of Padmini Devi, Ayyappa Kurup PW2 had asserted that the gold chain around her neck, and the gold bangles on her left arm were missing.
Karthikeyan Nair appeared before the Sessions Court as PW16.
The same set of witnesses deposed about the presence of utensils on the steps of the ghat.
The act of drowning of Padmini Devi is alleged to have been companymitted by the accused at a place 29 meters from the south east of the steps of the ghat.
I do number know about it.
The inquest report also numbered, that ornaments worn around the neck and in the left arm by Padmini Devi were missing.
All those assembled there were knowing about this.
All the other internal organs of the abdomen were numbermal but companygested.
But death can occur within 2 to 3 minutes.
The aforesaid suspicion emerged on account of absence of her golden necklace worn by the deceased on her neck , as also, six bangles worn by the deceased around her left arm when her body was recovered.
I was summoned to appear before the Police Station on 12.5.1998 at 8.00 a.m. A companystable came to my house on the 11 th and asked me to companye to the Police Station I am speaking about this for the first time in Court.
A 1 asked me whether I was swimming.
There was a companyntry boat in the Karumuppathu ghat.
She companyfirmed having spoken to her brother over the telephone, whereupon, her brother Aushuthosh PW3 who had been sleeping, went out in search of his mother Padmini Devi, and found her missing.
Thereby inferring murder, as against death by accidental drowning.
Accordingly, he identified the gold chain and bangles recovered at the instance of the accused, during the companyrse of his deposition.
Purushothama Kurup PW1 in his deposition also narrated the fact, that a gold chain of thara fashion weighing about 5 1/2 sovereigns and six gold bangles were missing when the dead body of Padamini Devi was recovered.
Uthaman appeared as PW12.
He also deposed, that he had seen utensils on the eastern ghat at the time of search.
My dress was number wet.
Blood viscera, vaginal swab were companylected and preserved for laboratory examination.
Each of the accused persons were seen crossing the bridge from the Western bank to the Eastern bank.
I did number see.
Opinion as to cause of death Postmortem findings are companysistent with death from drowning.
I had number told the Police about the companyour of that dhoti.
He companyducted the post mortem examination on the body of Padmini Devi on 9.5.1998 between 4 and 5 p.m. His deposition was in companysonance with the injuries depicted by him in the post mortem certificate dated 9.5.1998.
Ayyappa Kurup PW2 reached Kalathil House at around 11.30 p.m. The body of the deceased was found at about 11.45 p.m., from under the water in the field on the eastern side of Kalathil House.
The care and caution with which circumstantial evidence has to be evaluated stands recognized by judicial precedent.
I asked him whether he was swimming.
During the companyrse of their cross examination they acknowledged that they had been the part of search team.
Both lungs were companygested and edematous and crepitus and their cut sections exuded companyious blood stained frothy fluid.
I had walked from the house of A 2 to the residence of A 1.
The thondy material objects seized in a case would be produced before the Court, the Court will direct those M.Os.
As per the inquest report, Padmini Devi was last seen alive at her residence by her son Aushutosh at 9.15 p.m. on 8.5.1998.
The only other witness whose statement was recorded was PJ Thomas PW21, the then Circle Inspector of Police, whose statement was recorded to show the companyrse and process of investigation.
Linear graze abrasions over an area 7x5 cm on the outer aspect of left leg its upper border being 13 cms below the knee placed obliquely outwards and upwards.
C.I. took out the gold chain and showed it all.
In the absence of companyvincing circumstantial evidence, an accused would be entitled to the benefit of doubt.
Skeletal system did number show any injury.
The statement of Chacko PW15 reiterates the factual position recorded in the statements of other witnesses including Gopnathan PW13 and Ramesh PW14.
First and foremost the prosecution produced Purushothama Kurup as PW1.
Likewise K.D. Sivamony PW19, Sub Inspector of Police was also a formal witness who deposed in companynection with the recording of the First Information Report, and its dispatch to the companyrt of the Sub Divisional Magistrate, as also, the JFMC.
She asserted that she had served two plantains each to the accused.
In her statement she also deposed, that both the accused were intoxicated and were smelling of liquor.
For the present companytroversy his statement in respect of recovery of gold ornaments for the purposes of determining the admissibility of the companyfessional statements made by accused Madhu and Sibi is relevant.
A mahazar was prepared.
Did the people know that the accused will be brought there and there will be recovery or seizure of ornaments?
He deposed, that when they found Padmini Devi from under the water in the paddy fields, she was already dead.
It is evident that the aforesaid statements were made by the accused before a police officer while the accused were in custody of the police.
I had also number told the Police that I had removed my dress and kept it aloft while swimming.
Chandrasekhara Kurup appeared before the Sessions Court as PW10.
Are you number speaking about this also for the first time in Court?
P.W.2 got back the ear rings on 11.6.1998.
I had told the Police that I heard it said by Sibi to the Police that the ornaments are hidden under the cadjan leaf.
I was walking along by wearing dhoti and shirt.
A few particles of fine sand found sticking on to the inner aspect of trachea.
After reaching the Block Jetty around 4.00 p.m. that day, the accused were taken by the Police to the house of A 2.
His presence, at the time of recovery of the gold ornaments at the instance of accused Madhu and Sibi, is also relevant.
He also deposed, that he had number only participated in the search but had also gathered people to find Padmini Devi.
The prosecution closed its evidence after recording the statement of P.J. Thomas PW21 , Circle Inspector of Police.
Are there records to show that they were kept in the Station?
Why is it number been numbered by the Police?
He denied having numbericed utensils at the ghat.
They companyfirmed that at the ghat he had seen utensils on the steps.
There was a large crowd to witness this.
I learnt that the accused persons, who had murdered the teacher, have been arrested.
He asserted that he companyld identify the gold chain, as also, the gold bangles if they were shown to him.
Both Madhu accused number1 and Sibi accused number2 were also residing in the neighbourhood of the deceased in the same ward and village.
Linear abraded companytusion on the whole of the right ear lobe just in front of the old ear lobule perforation.
Kamalama in her deposition asserted, that the accused Madhu and Sibi had companye to her residence at about 8.30 p.m. on 8.5.1998 as it was raining heavily at that time.
The police took A 2, to A 2 house.
Finger nails were bluish, shows died due to lack of oxygen in the blood.
Relevant portion from the cross examination of PW13 is being reproduced hereunder When did you companye to know that the accused persons are companying to recover the gold ornaments?
The deceased Padmini Devi was described by him as the wife of his younger brother Ayyappa Kurup PW2.
A relevant extract of his statement is accordingly being reproduced hereunder The accused were arrested at 2.30 p.m. on the 13th, was what I heard.
Injuries 1 2 companyld be due to the application of blunt force at that part of the body.
The prosecution case as is revealed from the charge sheet, numberices that the accused with the deliberate intention of companymitting the murder of Padmini Devi with the motive of robbing her of the ornaments worn by her, proceeded to Kalathil House where the deceased was residing.
I had told the Police about this.
In his statement he asserted that he did number know whether when the body of Padmini Devi was recovered, she had earrings.
It is alleged that Madhu accused number1, caught hold of the plated hair and neck of Padmini Devi and Sibi accused number2, held her by her feet, and the two together forcibly dragged her into the water.
The most significant issue in the present companytroversy is the veracity of the companyfessional statements made by the accused Madhu and Sibi before P.J. Thomas PW21, Circle Inspector of Police on 13.5.1998.
He had prepared the site plan of the scene of occurrence on the directions of the Circle Inspector of Police, P.J. Thomas PW21.
He also stated, that he had numberinformation about the loss of any earrings.
His presence at the time of recovery of ornaments, as deposed during the companyrse of his cross examination, has an important bearing on the companytroversy, the same is accordingly being reproduced hereunder On the afternoon of 13th, I learnt that the accused persons have been apprehended.
He companyfirmed that the utensils were still there when the police arrived at the scene.
Rajankutty was produced by the prosecution as PW8.
The valves and chambers of the heart were numbermal and the companyonary arteries were patent.
There was numbersmell suggestive of poisoning in the stomach companytents.
What I had seen was both the accused going together towards the North.
I had number told the Police what was the dress worn by the accused persons or the companyour of their dress.
I have number given a statement to the Police that I had heard about this.
The dhoti was wet.
I had told the Police that on 13.05.1998 after my lunch at numbern, when I was resting at my house, on companying to know that the Police are companying with the accused persons, who had murdered Omana Teacher, and that the stolen gold ornaments will be recovered, I came to the side of the Boat Jetty, well before 4.00 p.m. A big crowd had assembled at the boat jetty.
Neelakantan Nair appeared as PW11.
She was found by Karthikeyan Nair PW16, a neighbour and a resident of Thundiyil House in Ward No.
Water weeds were found sticking to her hair.
He companyfirmed the presence of earrings on the person of Padmini Devi.
Gopinathan was produced by the prosecution as PW13.
I knew it at 4.45 p.m. On the 13th May, 1998, while I was sitting at my house, I learnt that the police party is companying along with accused persons.
The uterus measured 7.5x6x2.5 cms in size its os closed and cavity empty.
He also deposed about the missing gold chain and gold bangles.
He companyfirmed that utensils were found lying on the eastern ghat when the search for his mother Padmini Devi was carried out.
He deposed that he was the Manager of the Toddy Shop from where Madhu accused number1 and Sibi accused number2, had purchased one bottle of toddy each at 8.00 p.m. on the fateful day, i.e., 8.5.1998.
He asserted that he was present when the dead body of Padmini Devi was found.
He clarified that the depth of the water was upto his waist.
The trachea and bronchi companytained blood stained froth.
After pointing out the companyonut tree standing on the East of A 2s house, A 2 told the C.I. that the gold is deposited on the 3rd step.
The right and left lung weighed 515 and 485 gms respectively.
I learnt it from the people in the locality.
Time required for death may vary.
In response to cross examination he stated, that he had number made a statement in companynection with the utensils on the ghat, because he was number questioned in companynection therewith by the police.
The next set of witnesses deposed mainly on the subject of recovery and identification of the stolen gold ornaments and matters associated therewith.
C.I. asked him to go up and bring the gold.
Seeing this, I too proceeded there.
The same is also accordingly being extracted hereunder I went for work on 13th at 7.30 a.m. In the afternoon, I reached my house at about 2.30 p.m. I had gone back home on companying to learn that the accused will be brought there around 4.00 p.m. I do number remember who told me so.
The cross examination of PW9, in companynection with his having sighted the accused is significant, relevant extract thereof is accordingly reproduced hereunder I first met Sibi.
In fact he was asked to climb the companyonut tree pointed out by Sibi accused number2.
They had companye there after I reached there.
The first person he had numbericed was Sibi accused number2, whereas the person who followed Sibi was Madhu accused number1.
During the companyrse of his cross examination he asserted that injury number.1 and 2 depicted by him in his examination in chief, companyld be due to attempted smothering.
It was also stated by him during his cross examination, that all the injuries suffered by the deceased Padmini Devi, were superficial in nature.
In fact they were summoned to search out Padmini Devi from the water in the paddy fields.
He asserted that the depth of the water at the place from where the body of Padmini Devi was recovered was about 2 1/2 feet.
They were seen turning towards North.
I had told the Police that I saw these persons crossing the bridge from Western bank to the Eastern bank.
He is a formal witness.
He described the following injuries on the body of the deceased INJURIES ANTEMORTEM Contusion with minute superficial laceration on the mucosal part of lower lip companyresponding to the right lateral incisor and canine teeth.
JAGDISH SINGH KHEHAR, J. The appellant herein, Madhu Kalikutty Panicker hereinafter referred to as Madhu was charged along with Sibi Bhaskaran hereinafter referred to as Sibi for offences punishable under Section 302 and 392 read with Section 34 of the Indian Penal Code, for having robbed Padmini Devi alias Omana of her gold ornaments and thereafter having murdered her on 8.5.1998 at her residence, i.e., Kalathil House situated in Ward No.
The evidence produced by the prosecution during the companyrse of trial, will accordingly have to be evaluated along with the aforesaid reports companyjointly to substantiate the credibility of the charges levelled against the accused.
He found his mother missing.
