The judgment underscores the necessity of proving intent and motive in murder cases, highlighting the distinction between culpable homicide and murder under the IPC.

JUDGMENT

Dated this the 13th day of September, 2024

Syam Kumar V.M., J.

These Criminal Appeals and Death Sentence Reference arise from the judgment of the Additional District & Sessions Judge, Ernakulam in Sessions Case No.597 of 2015. Appellants are the 1st, 2nd, and 3rd accused in the said Sessions Case. They were charged with committing offences under Sections 120B (1), 302 and 201 read with 120 B of the Indian Penal Code . A1 was additionally charged under Section 9 (l) (m) r/w 10 of the Protection of Children from Sexual Offences Act , 2012 (for short ‘POCSO Act’) while A2 was further charged under Section 23 of the Juvenile Justice (Care and Protection of Children) Act , 2000 (for short ‘JJ Act'). The Sessions Judge found all the accused guilty and convicted them. A1 was sentenced to death and A2 and A3 were sentenced to undergo rigorous imprisonment for life. Separate sentences of imprisonment and fine were also imposed on all the above accused for the other offences they were convicted for.

Prosecution case:

2. On 30.10.2013, at around 3.30 P.M., the body of X, the four- year-old daughter of A2, was exhumed from the property of PW10 at Kadayikkavalavu where she lay buried in a pit around 6 feet deep. X, who was an LKG student of MDMLP School, Karingachira was last seen alive on 29.10.2013, at around 3.30 P.M., when she was dropped off by her school van at Ambadimala bus stop, near Chottanikkara, after school. She had been picked up from the bus stop on a bike by A3 who was her mother's friend. X had a very short and difficult life. Soon after the birth of her younger sister, her parents got estranged and her mother (A2) returned to her parental house and started residing there with her daughters. PW1, the father of A2 then arranged a job for her at the Kolenchery Medical Mission Hospital as a security cum attender. While working there, A2 got acquainted with A3 who was also working in the same hospital as a security guard. A3 in turn introduced A2 to A1 who was too employed as a security guard in the same hospital. Not long thereafter, the three decided to have a queer arrangement amongst themselves. A1 took a house on rent and A2 shifted to the said house along with X and started residing there. A3 too joined them in the said house at some point and they all started residing together. To the outside world, A1 had put forth A2 as his wife and A3 as his wife’s brother. The trio along with X kept shifting their residence from place to place mostly because the respective landlords and at times the local populace, started protesting to their way of life which was alleged to be immoral and verging on sex work. Finally, around 15 days before the death of X, we find them all living in a portion of the house at Ambadimala owned by PW2 as elaborated in Ext.P4 scene mahazar. A1 had as usual taken the portion of the said house on rent from PW2 vide Ext.P3 rent agreement to which A3 had signed as a witness. X had been enrolled at MDMLP School and in the mornings, she would be taken to the bus stop by her mother (A2) to board the school van. After her classes, she would be dropped back at the same stop in the school van wherefrom, she would be taken home either by A1 or at times by A3. The younger sister of X continued to remain with her maternal grandparents viz., PW1 and his wife, at Puthrika which is not far away from Chottanikkara. Around 15 days after thus commencing the stay at Ambadimala on 30.10.2013, at around 7.00 A.M., A2 called her mother over the telephone in a panic and informed her that X was missing from the evening of 29.10.2013. PW1 instructed A2 to approach the Chottanikkara Police Station. By the time PW1 and his wife reached the Police Station, A2 had already reached the station and was seen writing down a complaint. The SI of Police (PW 35) had some suspicion regarding the statements of A2 and questioned her in detail. Based on the same, rather than registering a man missing case based on her complaint, PW 35, co