The court affirmed multiple convictions for murder and conspiracy, emphasizing the nature of the crimes and the relationship between the accused as central to the ruling.

JUDGMENT :

Johnson John, J.

“There is no disease so destructive as lust.”

--Chanakya

Adulterous and lustful relationship between two technocrats betraying their respective spouses, children and parents resulted in the murder of Omana, the mother of PW1, and Swasthika, aged 3 ½ years, the daughter of PW1, and attempted murder of PW1 on 16.04.2014 in their residential house bearing No. 3/173 of Attingal Municipality.

2. PW1, an engineer by profession, working at Moozhiyar, is the husband of the second accused, a technocrat working in Technopark, Kazhakuttom and on the night of 15.04.2014, he reached his house at Attingal, where his wife, the second accused, daughter Swasthika and parents, Omana and Thankappan Chettiyar, are residing and on the next day morning, PW14, the father of PW1, left the house at about 7.45 a.m. to the place where PW1 is constructing a new house and subsequently, the second accused left the house as usual to her place of work at Kazhakuttom and since PW1 was on leave, he left the house at about 11 a.m. to the post office at Alamcode and while he was standing at Alamcode junction, he received a phone call from his mother Omana and he was told that a friend of him is waiting in the house to meet him and on his request, the mother handed over the phone to the said person and the said person told PW1 that he is Nino Mathew (first accused), who is a colleague of the second accused and that he wants to see PW1 to talk to him and accordingly, PW1 returned to his house and at that time, the front door of the house was seen closed from inside and even though he called his daughter, there was no response and since the back door of the house was also seen closed, he came back to the front side and pushed open the front door and immediately when he entered the house, the first accused who was standing behind the front door, attacked him with a chopper aiming his neck and when he evaded the attack, he sustained a cut injury on the left side of his head and the left ear and on sustaining the injury, he ran out of the house and then the first accused chased him for a short distance and at that time, the first accused was holding a chopper and was also in possession of a bag.

3. On hearing the cries of PW1, the neighbours came running and the first accused escaped through the back side of the house and thereafter, when PW1 entered the house along with neighbours, his mother and daughter were seen lying inside the house soaked in blood and even though the mother and daughter of PW1 were shifted to the hospital, they were declared as dead. The first accused also committed theft of the gold chain worn by the deceased Omana and the gold ornaments worn by Swasthika with an intention to mislead that the murder was committed by burglars in the course of theft.

4. It is the prosecution case that the first accused--Nino Mathew, a technocrat and colleague of the second accused, committed the act in furtherance of a criminal conspiracy between accused Nos. 1 and 2, who were in a lustful adulterous relationship to do away with PW1, his daughter, Swasthika, and the mother-in-law, Omana, to continue their sexual relationship and to live together as man and wife in exclusion of their spouses and children and in furtheranc