he needed money but was refused to be paid by the
members of the Manjooran family, and therefore as per
the prosecution’s version used knife, axe, and
electrocuted and strangulated Kochurani and Clara at
about 10 in the night of 6.1.2001 and Augustine, his wife
Mary, and their children – Divya and Jesmon at midnight.
The Manjooran House full of life at 10 in the night by the
stroke of midnight became a graveyard. The appellant
after causing the death of Kochurani and Clara is said to
have waited for the arrival of other four members of the
family who had gone to see a film show. On their arrival
he turned them into corpses. He waited for their arrival
to kill them as he knew that for the two murders
committed earlier by him he would be suspected by them,
as he was in the house when they left the house for the
film show. The prosecution alleges that all these murders
were cold blooded, planned and executed with precision
and the appellant ensured that there is no trace of life left
in them before he left the scene of occurrence. When put
to trial for murders, appellant, however, pleaded
innocence and claimed trial.”
2.
After trial, the Sessions Court in Ernakulam in Kerala in Sessions
Case No.154 of 2004 found the appellant guilty of the offences and
convicted him by judgment and order dated 31st January, 2005. It appears
that submissions on the question whether the appellant should be awarded
life sentence or death sentence were addressed on the same day or
immediately thereafter since on 2nd February, 2005 the Trial Judge
sentenced the appellant “to be hanged by the neck till he is dead”.
3.
The Trial Judge stated, while awarding the sentence of death, as
follows:
“231. The cruel tendency of the accused was writ large even
in the manner of attack. His conduct and behaviour is
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
Page 2 of 19
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