Sister Abhaya Murder Case

Sequence of events,

Sister Abhaya was reported missing on the morning of 27 March 1992. She had woken at 4:00 am to study for exams, and was last known to have gone to the kitchen for a drink. The refrigerator door was left open, a bottle of water was spilt on the floor and a single slipper sat under the fridge – its pair was found beside the convent hostel's well.

After a brief search, Sister Abhaya's body was found in the convent hostel's well in the early hours of the same day. Kottayam West Police Station upgraded their investigation to that of unnatural death. At 10:00 am the deceased was removed from the well by the fire force and an inquest was drawn up.

A post-mortem conducted on the body by Dr Radhakrishnan of Kottayam Medical College found abrasions on the right shoulder and hip and two small lacerations above the right ear. There was no sign of sexual assault. Despite the potentially significant injuries, the death was ruled a drowning.

The series of inquiries by various investigating bodies that followed was lengthy, convoluted and unsatisfactory, plagued by internal conflict, bitter rivalries and allegations of corruption and bias, compounded by pressure from many quarters to bring the case to conclusion.

In April 1992 the Crime Branch of the Criminal Investigation Department took up the case, and months later ruled Sister Abhaya's death a suicide. However, the Crime Branch was alleged to have destroyed crucial material evidence potentially implicating homicide as a cause of death.

In April 1995, forensic medical experts Dr S K Pathak, Dr Mahesh Verma and Dr S R Singh conducted dummy experiments leading them to conclude cause of death to be homicide . Nevertheless, no arrests were made until November 2008. After years of failed investigations and internal struggles, two priests Thomas Kottur, Jose Puthurukkayil and a nun Sister Sephy were arrested by the CBI under Nandan Kumar Nair on 19 November 2008.

All three suspects were granted bail in early January 2009. On 17 July 2009, the three were charged with murder, defamation and destruction of evidence. Prosecutors alleged that Sister Abhaya had stumbled upon the two priests and one sister in a "compromising position" and had subsequently been attacked with an axe and dumped in the well.

After a 28-year-long investigation, on 22 December 2020, the CBI court found Fr. Kottoor and Sr. Sephy to be guilty of the murder of Sr. Abhaya. They were sentenced to life imprisonment on 23 December 2020.

Trial Court Verdict,

On 22 December 2020, after 28 years of investigation, the CBI Court found Father Kottoor and Sister Sephy to be guilty of the murder. The verdict is attributed to the key witness, Adakka Raju who stumbled upon the scene of murder while on a robbery. The witness' evidence proved crucial in the trial as the many of other witnesses reneged on their testimony and he was the only one who did not surrender to the threats and bribes. On 23 December 2020, CBI court sentenced both to life imprisonment and imposed a fine of 5 lakh each. The first ever response from the church about the case came just after the verdict and it said that the verdict is unbelievable and both the culprits have right to prove their innocence in higher courts

Details of Trial Court Sentence,

1. Accused Father Thomas Kottoor and Sister Sephy are sentenced to undergo imprisonment for life and a fine of Rs.5,00,000/- (Rupees Five Lakhs only) is imposed on each of them for the offence u/s 302 r/w 34 of the Indian Penal Code, in default of payment of fine, he / she shall undergo simple imprisonment for a period of two years.
2. Father Thomas Kottoor and Sister Sephy shall undergo rigorous imprisonment for seven years and a fine of Rs.50,000/- (Rupees Fifty Thousand only) is imposed on each of them for the offence u/s 201 r/w 34 of the Indian Penal Code, in default of payment of fine, the convicts shall undergo simple imprisonment for a period of one year.
3. Accused Father Thomas Kottoor is also sentenced to undergo life imprisonment and a fine of Rs.1,00,000/- (Rupees One Lakh only) is imposed on him for the offence u/s 449 of the Indian Penal Code, in default of payment of fine, he shall undergo simple imprisonment for a period of one year.
4. The sentences of Father Thomas Kottoor and Sister Sephy shall run concurrently. The accused Father Thomas Kottoor is committed to the Central Prison, Thiruvananthapuram and accused Sister Sephy is committed to Women's Prison, Thiruvananthapuram, to serve the sentence imposed.