STATE OF KERALA Vs. P SUGATHAN

JUDGEMENT

(1.) Jealousy, on account of love affair of two men with one woman, ultimately resulted in the death of one and upon conviction, sentence to life imprisonment of the other in the case out of which the present appeal has arisen. The common beloved was Krishna Kumari, respondent No. 2 (hereinafter referred to as "A2") and one of her paramours was Soman deceased whose decapitated head and headless body were recovered from a river in Kerala. After completing his post-graduation the deceased Soman was in the employment of Canara Bank posted at Tirurangadi Branch. The other paramour of the woman is P. Sugathan (hereinafter referred to as "A1") who, on the date of occurrence, was Sub-Inspector of Police posted at Police Station, Ramankiri.

(2.) Upon trial A1 and A2 were convicted for the offences punishable under various sections of the Indian Penal Code including S. 302, and sentenced to imprisonments, the maximum of which was the life imprisonment. The accused No. 3 tried with them was convicted and sentenced for the offences under S. 201 read with S. 34 of the IPC. The conviction and sentence of A1 was upheld but the conviction of the lady accused A2 under S. 302, IPC was set aside. She was, however, convicted and sentenced under S. 201 of the IPC. Feeling aggrieved, the State has filed Appeal No. 784 of 1994 for setting aside the judgment of the High Court and on proof of the existence of alleged conspiracy, to convict and sentence A2 as well. Against his conviction and sentence under S. 302 and other offences under the Indian Penal Code, the A1 has filed Criminal Appeal No. 785 of 1993 with prayer of acquitting him of the charges.

(3.) Both the appeals have been heard together and are being disposed of by this common judgment.