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1990 Supreme(Ker) 515

High Court of Kerala
S. Padmanabhan, G. Rajasekharan, JJ.
Royson & Anr - Appellant
Versus
State of Kerala - Respondent
Crl.A. No. 330 of 1986
Decided On : 02-04-1990

The judgment highlighted the importance of hair analysis, identification of personal belongings, and the appellants' false explanations as crucial factors in establishing guilt.

Headnote:

CIRCUMSTANTIAL EVIDENCE - MURDER - S.302, 379, 201, S.34 IPC - The court discussed the sufficiency of circumstantial evidence for conviction and the rarest of rare cases deserving the extreme penalty. The judgment highlighted the importance of hair analysis, identification of personal belongings, and the appellants' false explanations as crucial factors in establishing guilt. The court confirmed the convictions and sentences, dismissing both criminal appeals.

Fact of the Case:

The deceased was murdered by the appellants, who were close friends, for the purpose of gaining Rs. 20,000 and a watch. The evidence included witness testimonies, identification of personal belongings, and financial transactions.

Finding of the Court:

The court found the appellants guilty based on overwhelming circumstantial evidence, including hair analysis, identification of personal belongings, and false explanations. The court confirmed the convictions and sentences, dismissing both criminal appeals.

Ratio Decidendi: The court emphasized the importance of hair analysis, identification of personal belongings, and the appellants' false explanations as crucial factors in establishing guilt. The court confirmed the convictions and sentences, dismissing both criminal appeals.

Final Decision: Confirming the convictions and sentences, both the criminal appeals are dismissed.

JUDGMENT

S. Padmanaban, J.

1. The two appellants in Criminal Appeal No. 330 of 1986 were tried and convicted for offences punishable under S.302, 379 and 201 with the aid of S.34 of the Indian Penal Code. For murder, life imprisonment was awarded to both of them. No separate sentence was given for the other offences. Criminal Appeal No. 451 of 1986 was filed by the State for enhancement of the sentence.

2. Deceased Chandran Nair and PW 1 Appukuttan were close friends hailing from Thiruvananthapuram. They were engaged in selling clothes on instalment basis at Poothole in Thrissur. Their joint residence was in one of the rooms in the residential building of PW 3 at Adiyat lane, Poothole. PW 2 Ibrahim is a shop owner at Poothole. He was the common friend of Chandran Nair and PW 1. First accused Royson alias Paul was the driver of the second accused Madhavan. The second accused was having a white tourist ambassador car, KEE 5817, and a tempo van. These two appellants were also friends of Chandran Nair. Second accused had some business failure and he was in financial difficulties.

3. Accused 1 and 2 persuaded Chandran Nair to join them in a partnership for buying and selling automobiles. The total investment agreed was Rs. 60,000/-. That had to be shared by all the three equally. Chandran Nair had no funds. He knew that PW 1 will not allow him to go in for car business. He therefore, requested PW 1 for an advance of Rs. 20,000/- as if it was for being paid to PW 2. PW 1 gave Rs. 16,000/-. He was able to command only that much of money. Chandran Nair somehow or other collected Rs. 3,000/- more. The shortage of Rs. 1,000/- was received from PW 2 PW 2 was told about the real need for money. At that time, a further request was made to him that PW 1 should not be informed about the purpose of purchasing the car. So also, Chandran Nair did not inform PW 2 that in his name he borrowed Rs. 16,000/- from PW 1.

4. Chandran Nair informed PW 1 that early morning on 9-1-1984 he was going with some friends for attending a marriage. The amount of Rs. 20,000/- was covered by him in a presentation paper packet taken from the shop of PW 2 in order to make it appear to PW 1 that it was only a presentation for the marriage.

5. Early morning on 9-1-1984, at about 4. 30, accused 1 and 2 came in KEE 5817 driven by the first accused. With the amount of Rs, 20,000/- covered in the presentation paper, Chandran Nair accompanied them in the car. At about 5. 30, they reached Vaniampara. The car was stopped in an isolated place, near the old P. W. D. Road at Kuthiran All the three got down to pass urine. When the deceased was about to enter the car, the first accused caught-hold of his neck from behind. He was strangulated and pushed inside the. back seat of the car. Second accused caught-hold of his legs and pushed him inside. When Chandran Nair resisted and struggled, he was pushed down in front of the back seat. Second accused stood on his legs and pulled his hair on the scalp with force. In furtherance of their common intention, they murdered him. Then they removed his watch and the amount of Rs 20,000/- also. With the intention of screening themselves from the legal punishment, they caused disappearance of the evidence. A black towel was taken from the ear and tied around the -neck of the deceased. The dead body was covered in a gunny bag and placed in the dickey. The car was then driven to Vazhachal through Chalakkudi - Anamala road. The body was taken out and placed beneath an Elaku tree in the Elaku plantation, 82 metres north of the road. Then both the appellants returned to Thrissur. On the way, the presentation paper was thrown away near the canal bridge at Potta. The car was then given for body wash to Thrissur Petrol Sales and Service. The gunny bag was thrown into a gutter. The black towel was given to PW 25. The wrist watch was given to CW 16, who is the mother of the second accused. KEE 5817 was subsequently exchanged for KEF 3957. This is the prosecu





































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