Illicit relationships fuel conspiracy; murder established through circumstantial evidence, but conspiracy not proven against the second accused.

JUDGMENT

Jobin Sebastian, J.

Crl.Appeal No.1715/2025 and Crl.Appeal No.1215/2024 have been filed by the first and second accused respectively, in Sessions Case No. 18/2018 on the file of the Sessions Court, Palakkad, challenging the judgment of conviction and order of sentence passed against them, for various offences under the Indian Penal Code in the said case.

2. In the above-said case, both the accused were found guilty of offences punishable under Sections 120-B , 380, 461, and 201 r/w 34 of the IPC . Apart from the above, the first accused was found guilty of offences punishable under Sections 302 and 449 of the .

3. The prosecution case in brief is as follows:-

Sri. Swaminathan and Smt. Premakumari, the deceased in this case, were husband and wife residing in a house situated at Poolakkaparambu. Sri. Swaminathan was an ex-serviceman, and their elder son was employed in the military and was therefore away from home. During this period, the second accused, the wife of their elder son, developed an illicit relationship with the first accused. Fearing that the aged in-laws would discover her relationship with the first accused and reveal it to her husband, and with an oblique motive to appoint the first accused as a karyasthan in her matrimonial home, the second accused hatched a criminal conspiracy with the first accused to murder the in-laws. In pursuance of this conspiracy and as planned earlier, the first accused waited outside the house of Sri. Swaminathan on 13.09.2017 between 12:30 a.m. and 4:00 a.m., while the second accused communicated information about the movements of Swaminathan and his wife through the windows of the house. Thereafter, the second accused stealthily opened the kitchen door and facilitated the first accused’s entry into the house. The first accused then murdered Swaminathan and Premakumari by stabbing them with a chopper and hitting them with a hammer. The first accused also committed theft of Rs. 23,000/- and gold ornaments kept in a jewel box. Both accused then attempted to destroy evidence by sprinkling chilli powder inside the house and on the dead bodies, and by disposing of the weapons and other related objects in a well. With the intent to derail the investigation, the second accused handed over her ornaments to the first accused and deliberately scattered the dress materials kept in the almirah inside the house, thereby creating a scene of disorder. Accordingly, the accused are alleged to have committed offences punishable under Sections 120-B , 109, 449, 302, 380, 461, and 201 read with Section 34 of the Indian Penal Code .

4. On completion of the investigation of this case, the final report was submitted before the Judicial First Class Magistrate Court-I, Palakkad. Being satisfied that the case was one triable exclusively by the Court of Session, the learned Magistrate, after complying with all the necessary formalities, committed the case to the Court of Session, Palakkad, under Section 209 of the Criminal Procedure Code . The learned Sessions Judge, after taking cognizance of the offences, issued process to both the accused. The learned Sessions Judge, after hearing both sides under Section 227 of Cr.P.C. and