OMANAKKUTTAN AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal is filed by the accused/A1 to A3, in Sessions Case No. 20 of 2004, on the file of Additional Sessions Judge, (Adhoc)-1, Kottayam Division, aggrieved by the judgment of conviction and sentence dated 20.04.2004 and the judgment dated 23.02.2018 in criminal appeal No. 711 of 2004, passed by the High Court of Kerala, at Ernakulam.

(3.) The appellants/accused A1 to A3, were tried for offence punishable under Sections 324, 326 and 308read with Section 34 of Indian Penal Code, 1860 (for short IPC). On conclusion of trial, by appreciating oral and documentary evidence on record, learned Sessions Judge by judgment dated 20.04.2004, convicted them for the aforesaid offences. They were sentenced to undergo rigorous imprisonment for five years each, for the offence under Section 308 read with Section 34 IPC and for offence under Section 326 IPC, they were sentenced to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 5000/- each, in default of payment of fine, to undergo simple imprisonment for a period of two years each. The fine amount was ordered to be paid to PW-1, as compensation. No separate sentence is awarded for the offence under Section 324 IPC.