THIRUVANANTHAPURAM: Fr Thomas Kottoor and Sr Sephy killed Sr Abhaya, according to the chargesheet against the two accused which was read out at the CBI court here on Monday. Read out by special judge K Sanalkumar in front of Fr Kottoor (first accused) and Sr Sephy (third accused), the chargesheet said the two accused were having a relationship. On the night of March 27, 1992, Abhaya saw Kottoor and Sephy in a compromising position, following which she was hacked with an axe and thrown into a well, it said. The trial will begin on August 14.
The court observed there was sufficient ground to presume that the two had committed offences punishable under IPC sections 302 (murder) and 201 (destroying evidence) read with section 34 (acts done by several persons in furtherance of common intention). The court said the accused had tried to fabricate the case as a suicide. The High Court had earlier dismissed the discharge petitions filed by both the accused, citing there was prima facie evidence against them.
The HC had also directed the CBI court to start the trial. It, however, upheld the CBI court order discharging second accused Fr Jose Poothrikkayil, saying the prosecution had failed to present sufficient material to proceed against him.
Former Crime Branch SP KT Michael was added in the list of accused by the CBI court last year allegedly for destroying evidence. Michael, as in-charge of the probe, had closed it summing up that the nun had committed suicide.
Initially, the case was investigated by the local police and then by the state Crime Branch. CBI took over the case on March 29, 1993, following a legal battle by human rights activist Jomon Puthenpurackal. The CBI in 2008 arrested Kottoor, Poothrikkayil and Sephy on the charge of murder. They were released on bail by the High Court a year later.