PALAKKAD: Palakkad Additional District and Sessions Judge P K Haneefa awarded death sentence to the second accused in the Sheela murder case, Kanakaraj, 36, on Saturday.
Sheela, 47, wife of businessman Jayakrishnan, was murdered on March 23, 2010, at her house in Puthur.
Awarding the death sentence, the court observed that "he be sentenced to death directing that he be hanged by the neck till he is dead, subject to the confirmation by the High Court, under Section 302 (Murder) read with Section 34 of the IPC.
Kanakaraj was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs 1,000 and in case of default of payment of fine, to undergo rigorous imprisonment for six months under Section 449 (House Break) of the IPC.
He was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs1,000 and in case of default of payment of fine, to undergo rigorous imprisonment for six months under Section 307 (Attempt to murder) of the IPC.
Kanakaraj was also sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs 1,000 and in case of default of payment of fine to undergo rigorous imprisonment for six months under Section 392 (Robbery) read with Section 397 (Robbery after murder) of the IPC.
The court directed that the sentences shall run concurrently, and those sentences would lapse upon the execution of the death sentence. Kanakaraj, No 22, Krishnaswamy Mudaliar road of R S Puram in Coimbatore was found guilty on Friday. The third accused, Manikandan, No 125, Anna Nagar, Koundapalayam in Coimbatore was acquitted on Friday. First accused, Sampath, of Karipallil, Karingirapully, had died in police custody.
Counsel for Kanakaraj had argued that there is nothing to show that Kanakaraj would be a menace to society and there is no reason to believe that he cannot be reformed. Therefore, the extreme penalty of death sentence is not justified.
The court observed that "the second accused Kanakaraj tied both the hands of the deceased and her mouth was gagged by him. Kanakaraj then took a knife from the kitchen and handed over the knife to the first accused Sampath.
Later, Kanakaraj held the head and both the hands of Sheela backwards while Sampath cut her throat with the knife. This showed that the crime of murder has been committed in a brutal manner on a hapless woman in the attempt to commit robbery.
The murder committed is cold blooded and for gain."
The court observed that it is not a murder committed on the spur of the moment actuated by anger, jealousy, pride or sense of honour calling for lesser penalty. The death was caused by cruelty and the neck of the deceased was cut with a knife in the presence of her aged mother Karthiyayani Amma.
"In these circumstances, the case falls within the category of 'rarest of rare' cases deserving extreme penalty of death," the judge said.
The court observed that "in these circumstances, the option to impose life imprisonment cannot be conscientiously accepted in this case. But, having regard to the magnitude of the crime committed by the second accused, Kanakaraj there is no ground to impose life imprisonment. In these circumstances, death sentence is warranted."
Meanwhile, Karthiyayani Amma, the mother of the deceased Sheela, said she would appeal against the verdict of Palakkad Additional District and Sessions Court which acquitted
the third accused Manikantan.