The judgment underscores the significance of circumstantial evidence, determining that direct evidences, such as fingerprints in context with witness testimonies, significantly establish guilt beyond a reasonable doubt.

JUDGMENT

Alexander Thomas, J.

The aforecaptioned criminal appeals preferred by the two accused persons arise out of the impugned judgment dated 22.10.2018 in S.C.No.407/2007 on the file of the IInd Addl. Sessions Court, Thodupuzha.

2. A brief overview of the case would be pertinent:- The prosecution case is that the deceased, Brijitha, was a widow, aged 63 years and her children were not residing with her and she was living in a house situated in her property of the extent of about 6 Acres or so. She belonged to a farming family. Earlier, A-1's father (Sri.Natarajan) was the domestic help in her house and he used to reside in the same house. It appears that since A-1's father had some quarrel and fight with a third party, PW-3 (elder son of the deceased) instructed that Natarajan need not stay in the house of Brijitha any longer and his employment, as a domestic help, was discontinued. Thereupon, A-1, who is Natarajan's son, was engaged as a full time domestic help to look after the farming operations in the deceased's house and also to stay in her house, as she was residing alone. It has come out in evidence that A-1 used to reside in a separate room, which was part of the house, but the access from that room could only be through the front door of the house.

3. On the day of the incident, ie. on 06.02.2006, at midnight and in the early hours of 07.02.2006, the deceased's sister-in-law (deceased's husband's brother's wife, who is also the mother of PW-1), who was residing at a distance of 50 mtrs. from the house of the deceased, had heard loud cries from the deceased's house and on hearing so, she had awakened her son (PW-1) and he (PW-1) had immediately gone to the house of the deceased. PW-1 then heard a loud cry coming from the kitchen of the house and on recognizing the voice as that of A-1, PW-1 asked A-1 to open the door near the kitchen, wherein A-1 told him that five assailants had attacked the deceased and that his legs and hands were tied down by them and that he is kept in the kitchen and that the kitchen door was locked and that the front door was open and that PW-1 can come through the front door. Thereupon, PW-1 found that the front door was open and he entered the room and had seen the deceased lady lying down in an unconscious position. PW-1's effort to awaken Brijitha (the deceased), had not succeeded and then, he went to the kitchen and found A-1, whose legs and hands were tied with clothes. PW-1 then untied A-1 and thereupon, A-1 told him that five assailants had come to the house and two of them had placed a shawl on the face and nose of Brijitha and had tightened it. That, when A-1 tried to resist, three other assailants had tied his hands and legs and gagged his mouth and had put the television at a high (വവായയയും മമൂടടികക്കെടടിയ ശശേഷയും)

volume and had thereafter, searched and rummaged the house. Since Brijitha was lying motionless, PW-1 got panicked and he cried aloud and his mother and grandmother, who were residing nearby, came to the scene of occurrence. Thereafter, PW-1 informed Brijitha's elder son (PW-3), who was residing 3 kms. away and he came to the scene and he, along with A-1, had taken Brijitha to a nearby hospital. PW-1 thereafter went to his house, as his mother and grandmother were alone. Later, PW-1 got telephonic information from the hospital that Brijitha was found to be dead even before reaching the hospital. Thereafter, he proceeded to the police station at Kattappana, for giving information to the police about the crime incident. Ext.P-1 First Information Statement (FIS) of PW-1 has been recorded by PW-22 (Sub-Inspector of Police) on 07.02.2006 at 4 a.m. in the morning and thereupon, Ext.P-26 FIR in Crime No.49/2006 of Kattappana Police Station has thus been registered, which has disclosed offences punishable under Secs.396 of the IPC (dacoity with murder), against five identifiable persons.

4. The abovesaid factual aspects are disclosed in Ext.P-1 FIS. Ext.P-26 FIR has been forwarded