The court affirmed the conviction of accused Nos. 1 and 3 for robbery and murder based on direct and circumstantial evidence, while upholding the acquittal of accused No. 2 due to insufficient evidence linking him to the crime.

JUDGMENT :

Raja Vijayaraghavan, J.

The present case arises from a spine-chilling and gruesome incident that occurred in the quiet village of Puliyannur within the limits of Cheemeni. An elderly couple, Krishnan and Janaki – both retired school teachers – were residing in House No. VI/553, when three masked men forcibly entered their home after about 9 p.m. on 13.12.2017. The intruders assaulted the couple and robbed them of their money and gold ornaments. Janaki, who was in her seventies, sustained fatal injuries and succumbed to the same. Krishnan, aged 80 years as per records, was tied up and attacked, suffering serious injuries to his neck. Despite his condition, he managed to free himself and alert the police.

1.1. Based on the information provided by Krishnan, the police registered Crime No.403 of 2017 of the Cheemeni Police Station under Sections 449, 394, 397 and 302 r/w. Section 34 of the Indian Penal Code, arraying three persons as the accused. Initially, the identity of the assailants was unknown. As the injured had suffered injuries to the neck, which were serious, he was not in a position to narrate various aspects of the incident that he had observed at the time of lodging the First Information Statement about 3 hours after the incident. PW1 was initially shifted to the Pariyaram Medical College and then to the Kasturba Medical College, Manipal. On 16.12.2017, an additional statement was recorded, wherein PW1 furnished additional details that he remembered of the incident. On 15.12.2017, the statement of PW2, the son of the informant, was recorded, who provided information about the items, including gold and cash, that were found missing from the house. In the meantime, Ext.P62 scene mahazar was prepared by PW94, the Investigating Officer, wherein he noted the tell-tale signs of robbery and the presence of blood all over the house. He found strewn pillow covers and other clothes containing blood, open jewellery boxes and also found that some shelves and almirahs had been opened forcefully. Pieces of black cloth, which could have been used by the assailants to mask their identity, were also seized from the precincts of the house.

1.2. The police, however, was not able to obtain any indication of the identity of the assailants who had committed the gruesome act till the 21st of February, 2018.

1.3 On 21.02.2018, the police received information that one Vishak. V.V., a nearby resident, who was later arraigned as the 1st accused, had sold gold ornaments at a jewellery shop in Kannur. A search was conducted at his residence after complying with the formalities, and a receipt for the sale of old gold from a shop named “Krishna Jewels” was seized. The jewellery shop owner thought it proper to issue a cheque in Vishak’s name, which he duly deposited in his account and obtained a sum of Rs.1,29,970/- on 19.02.2018. This provided a strong lead to the police.

1.4. Vishak. V.V. was arrested, and during interrogation, he disclosed the involvement of accused Nos. 2 and 3. Accused No. 2 was arrested on the same day. Accused No. 3 had fled the country and was in Bahrain. Upon learning that the police were trying to secure his presence, he returned to India and was arrested at Kozhikode Airport on 23.02.2018. A Samsung Mobile phone, which was being used by accused No.1 was seized by the police. They were able to obtain valuable digital information from the mobile phone (MO49).

1.5. The investigation revealed that the 1st ac