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Ernakulam-Sessions-Court-Jisha-Murder-Case.Pdf Bar & Bench (www.barandbench.com) 1 IN THE COURT OF SESSION/SPECIAL JUDGE FOR SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATTROCITIES) ACT, 1989 AS AMENDED BY ACT 1 OF 2016, ERNAKULAM DIVISION Present :- Sri. N. Anilkumar, Sessions Judge/Special Judge Tuesday, the 12th day of December, 2017/ 21st Agrahayana, 1939 SESSIONS CASE NO.662/2016 (Crime No.909/2016 of Kuruppampady Police Station) Complainant State of Kerala, represented by the Superintendent of Police SB CID, Kozhikode Range By Special Public Prosecutor Sri. N.K. Unnikrishnan and Sri P. Radhakrishnan. Accused Muhammed Ameer-ul Islam, aged 22 years, S/o Nizamudheen, Rampursathra Panchayath, Ward No.8, Near Baithur Muharam Juma Masjid, Doldagramam, Nagaon District, Assam State. By Adv. Sri Biju Antony Aloor, Sri Togi K.I. and Sri Satheesh Mohanan Offences: Under Sections 449, 342, 376, 376(A), 302 and 201 of IPC and u/s 3(1)(a), 3(1)(w)(i) & (ii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act (1) of 2016. Bar & Bench (www.barandbench.com) 2 Plea of the Accused: Not guilty Finding: Guilty Sentence/Order: The convict is sentenced to- 1. (i) rigorous imprisonment for 7 (seven) years and also to pay a fine of Rs.15,000/- (Rupees fifteen thousand only) and in default, to undergo rigorous imprisonment for 6 (six) months more for the offence under section 449 of IPC; (ii) rigorous imprisonment for 1 (one) year and also to pay a fine of Rs.1000/- (Rupees one thousand only) and in default, to undergo rigorous imprisonment for a period of 1 (one) month more for the offence punishable under Section 342 of the IPC; (iii) rigorous imprisonment for 10 years and also to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) and in default, to undergo rigorous imprisonment for 1 (one) year more for the offence punishable under Section 376 of the IPC; (iv) imprisonment for life under Section 376 A of IPC and also to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) and in default, to undergo rigorous imprisonment for 1 (one) year more for the offence punishable under Section 376A of the IPC; (v) death for the offence punishable under Section 302 of IPC and accordingly, the accused be hanged by neck till he is dead. Fine of Rs.25, 000/- (Rupees twenty five thousand only) to the accused is also imposed and in default, the fine will be recovered in accordance with law. 2. The substantive sentence of imprisonment ordered shall run concurrently. 3. Death sentence imposed on the accused will be subject to confirmation of the Hon©ble High Court of Kerala and for that; the proceedings of the case will be forwarded to the Hon©ble High Court. Bar & Bench (www.barandbench.com) 3 4. Certified copy of the judgment shall be immediately given to the convict free of cost whether or not he applies for the same as contemplated under the proviso to Section 363(2) of Cr.PC. 5. The death penalty is being sent to the Hon©ble High Court for the confirmation of the same. The file will be prepared as per the rules and sent to the Hon©ble High Court of Kerala. 6. The accused is also informed that he can file appeal against the judgment and order on sentence, within a period of thirty days as per Article 115 of the Limitation Act, 1963. 7. On execution of death sentence, the custodial sentence shall lapse. 8. The accused is in jail. In case the sentence imposed on the accused is commuted or remitted by the appropriate authorities, he will be entitled to get set off the period of detention undergone by him from 17.6.2016 till this date. 9. This court recommends that appropriate compensation under Section 357A of Cr.PC be awarded to the legal heirs of the victim and hence, a copy of this judgment be sent to the Secretary, District Legal Services Authority, Ernakulam for deciding the quantum of compensation to be awarded under the Victim Compensation Scheme referred to in Sub Section 1 of Section 357A of Cr.PC. 10. The accused will be sent to the Central Prison, Viyyoor to serve out the sentence. 11. MO4 iron bar, MO5 crowbar, MO6 chopper, MO7 knife and MO23 knife will be confiscated and disposed off in accordance with law. MO8, MO9, MO10, MO11, MO12, MO13, MO13(a), MO14 to MO20(a) and MO33 to MO34(a) will be returned to PW2, if applied for. MO1, MO2, MO3, MO3(a), MO21 and MO21(a), MO22, MO31, MO35 and MO36 being valueless will be destroyed. MO24 will be returned to PW14 Asadulla. MO24(a), MO25(a), MO25(b), MO26, MO28, MO30, MO31, MO32 being valueless will be destroyed. MO25 mobile phone, MO26 purse, MO27 PAN card MO29 Rs.20/- Indian currency note will be returned to the accused on application. There are 54 unmarked items also available before court. These items being valueless will be destroyed in accordance with law. All the items not Bar & Bench (www.barandbench.com) 4 specifically mentioned herein above including both marked and unmarked being valueless will be destroyed after the expiry of the appeal period. However, the Exhibits be preserved until the confirmation of the death penalty by the Hon'ble High Court of Kerala. Name of the Police Station and Description of the Accused the crime number of the offence Name Father©s Name Religion 909/2016 of the Muhammed Kuruppampady Police Station Ameer-ul Nizamudheen Muslim Islam Residence Age Occupation Date of Occurrence Complaint Apprehension Rampursathra Panchayath, Ward No.8, Near Baithur Muharam Juma 24 Coolie 28.4.2016 28.4.2016 16.6.2016 Masjid, Doldagramam, Nagaon Dist., Assam State. Service of Release Commit- Commence- Close of Sentence or copy of on bail ment ment of trial trial order Judgment NA NA 13.3.2017 06.12.2017 14.12.2017 14.12.2017 This Sessions Case coming on for final hearing on 06.12.2017 in the presence of the above advocates concerned for both sides and having stood over for consideration on 14.12.2017, and the court on this day delivered the following:- Bar & Bench (www.barandbench.com) 5 J U D G M E N T Accused, namely, Muhammed Ameer-ul Islam, aged 22 years, S/o Nizamudheen, Rampursathra Panchayath, Ward No.8, Near Baithur Muharam Juma Masjid, Doldagramam, Nagaon District, Assam State (hereinafter referred to as ªaccusedº) stands charge- sheeted by the Dy.SP., DCRB, Ernakulam Rural, Aluva, currently Superintendent of Police, SBCID, Kozhikode Range for the offences punishable under Sections 449, 342, 376, 376(A), 302 and 201 of IPC and u/s 3(1)(a), 3(1)(w)(i) & (ii) and 3(2)(v)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act (1) of 2016. 2. The victim (to preserve victim's anonymity, herein after referred to as `J'), a thirty-year-old law student at the Government Law College, Ernakulam was found dead on 28th April, 2016 at her home near Periyarvalley canal-bund porampoke at Perumbavoor in Ernakulam District. On getting information that `J' died under suspicious circumstances, PW1, who is the XIXth ward member of the Rayamangalam Grama Panchayat, lodged Ext.P1 First Information Statement before the Kuruppampady Police Station. Initially, the Bar & Bench (www.barandbench.com) 6 Kuruppampady police registered Ext.P1(a) First Information Report under Sections 449 and 302 IPC, based on Ext.P1 First Information Statement of PW1. Later investigation revealed that `J' was raped and murdered. 3. The prosecution case, in brief, is herein below: `J', a Dalit law student was found dead in her house on 28th April, 2016, around 8.30 p.m with grievous wounds and her intestines pulled out, at her residence at Kuruppampady near Periyarvalley canal-bund porompoke. The girl had studied upto LL.B., despite hailing from a poor family. `J' was living with her mother, who worked as a casual labourer. Her house was made of unpolished bricks and roofed with asbestos sheet, located on the side of an irrigation canal owned by the Government. Her father, CW96 Kuttikattuparambil Vellani Pappu had abandoned the family when she was a small child. `J'©s father is a member of the Scheduled Castes and her mother is a Hindu-Ezhava by birth. `J' was born as a Scheduled Caste and was a member of the Scheduled Caste community as per records. Accused is a not a Scheduled Caste and is a migrant labourer, born and brought-up as a Muslim, hailing from Assam. He came to Kerala to eke-out his Bar & Bench (www.barandbench.com) 7 livelihood and was doing labour works at Kuruppampady in Perumbavoor. Knowing that `J' was a member of the Scheduled Caste, the accused, who had been residing at Vaidyasalappady near to the residence of `J', was eagerly waiting for an opportunity to get her alone. On 28.4.2016, between 5.30 p.m and 6 p.m., while `J' was alone at her residence and waiting for her mother, the accused barged into her residence fully drunk, with a bottle of liquor and MO23 knife ± a dangerous weapon in his possession with an intention to commit rape and to satisfy his lust. `J' resisted his attempts to coerce her forcefully to satisfy his evil intentions. Predetermined to subjugate her, no matter what, he covered her nose and mouth, pushed her to the floor of the house, and attempted to rape her.
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