Karnataka: man to return to prison 7 years after acquittal in murder case

BENGALURU: Seven years after being cleared of the charge of murdering his employer for profit, a 32-year-old gardener will now have to return to prison and spend the rest of his life there.

In overturning Siju Kurian's acquittal, the higher court held that the trial court should not have overlooked the fact that the employer's body had been located and exhumed from a desolate place based solely on the defendant's statement. . Siju, who is from Mannarkad Taluk in the Palakkad district of Kerala, was employed by Jose C Kafan in September 2011 to care for his garden in the Kerodi village in Sagar Taluk, Shivamogga district.

Following a complaint by José's son Sajit Kafan that his father had disappeared, the police arrested Siju on January 20, 2012. Sajit became suspicious after learning that Siju was trying to sell his father's Sagar property.

The following day, Siju pointed to the place (western part of the garden) where José's body was buried. He was exhumed and the autopsy said that he had died after being hit in the head and face.

Siju revealed that he had killed his employer between 6 am and 6.30 am on December 2, 2011. An iron bar was recovered from the place where José was buried.

However, on August 8, 2013, the trial court acquitted Siju and held that the prosecution was unable to prove his guilt beyond reasonable doubt, as there was no supporting evidence to show that he was the culprit. The state appealed against acquittal.

Based on the principles of the Evidence Law, a bank in the HC division headed by Judge SN Satyanarayana imposed a simple life sentence and a fine of Rs 50,000 on Siju.

He had told people that the man died in America. USA

The superior court noted that there is evidence to support the defendant disposing of many agricultural tools from his employer who claimed to be his relative. The trial court should have been very careful and cautious in appreciating the evidence available in the records. The same has not been done, which has resulted in a judicial error. This is nothing more than allowing a malefactor to escape the clutches of the law, the bank has said.

Many witnesses categorically stated that Siju had told them that José had gone to Kerala where he suffered a paralysis attack and was taken to the US. USA To receive treatment. They said Siju also told them that José had died in the United States and was cremated there, according to the bank.

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