JAFAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 16/1/2009 passed by the learned Single Judge of the High Court of Kerala at Ernakulam in Criminal Appeal No. 643 of 2008 thereby dismissing the appeal filed by the appellant herein and confirming the conviction as recorded by the Court of Addl. Sessions Judge (Adhoc-II), Ernakulam (for short, 'trial court') for the offence punishable under Sec. 397 read with Sec. 395 of the Indian Penal Code, 1860 (for short, 'IPC') and sentencing him to undergo rigorous imprisonment for seven years, with a fine of Rs.10,000.00; in default of payment of fine, to suffer simple imprisonment for a period of three months.

(2.) The case of the prosecution in brief is that, on 14/5/2004 at about 1:45 a.m., accused Nos.1 to 8 came in a vehicle bearing registration number KL 4/C 6021 driven by accused No.8 to the building at Perumbavoor, where the retail shops of Kerala State Beverages Corporation were situated in three rooms bearing Door Nos.17/1221, 1222 and 1223, with the intention to commit dacoity. According to the prosecution, accused Nos.1 to 4, 6 and 7 armed with deadly weapons like iron lever and wooden bar, entered into the room No.17/1238. At the said gate, the security guard (PW1) was posted. The appellant herein (accused No.2) kicked on the naval portion of PW-1. Sijo @ Fijo (accused No.4) beat him with an iron lever on the right leg, which resulted in fracture. Accused Nos.1 to 3 beat him with the wooden bar on various parts of his body. Thereafter, the accused persons tied the legs and hands of PW-1 with bath towels and made him lie on the cot. Following which, they fastened his body on the cot with a piece of bed sheet and the remaining piece of the bed sheet was pushed into his mouth and they manhandled him. Thereafter, they committed robbery of mobile phone, wrist watch and torch belonging to PW-1.

(3.) We have heard Mr. T.N. Singh, learned counsel for the appellant and Mr. Harshad V. Hameed, learned counsel for the respondent/State.