USEPH ALIAS KODUVALLY RAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the first accused in S.C. No. 163 of 2005 on the file of the Additional Sessions Court, Fast Track Court (Adhoc- I), Kozhikode. That was a case charge sheeted by the Circle Inspector of Police, Payyoli against accused 1 and 2 under Sections 324, 449, 302, 109 and 120 B r/w. 34 of I.P.C.

(2.) The prosecution case is briefly as follows. Accused 1 and 2 are husband and wife. Deceased Ibrayi is the elder brother of the first accused Useph. The allegation is that on 23.8.2001 at about 2.15 a.m., in furtherance of common intention, both the accused trespassed into the house of deceased Ibrayi in pursuance of the criminal conspiracy between both the accused, intentionally committed murder of Ibrayi and while doing that act, the first accused has caused hurt to PW1 - wife of deceased Ibrayi and PW3 - daughter of Ibrayi. PW1 gave Ext.P1 F. I. Statement before the police, on the basis of which crime No. 191 of 2001 of Payyoli police station was registered and investigated. After completing the investigation, charge sheet was laid before Judicial First Class Magistrate, Payyoli, from where the case was committed to the Sessions Court, Kozhikode. Subsequently the case was made over to the Additional Sessions Court (Fast Track Adhoc-1) Kozhikode for trial and disposal.

(3.) In that court, on the side of the prosecution PW1 to PW21 were examined, Exts. P1 to 14 were marked and Mos 1 to 10 were identified. Exts. D1 to D4(a) were marked on the side of the defence. Learned Additional Sessions Judge, on considering the evidence, found that the second accused has not committed any offence and therefore the second accused was acquitted. The first accused was found guilty and he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- in default to undergo R.I. for 3 years under Section 302 of I.P.C. and to undergo R.I. for 2 years under Section 324 of I.P.C. and to undergo R.I. for 5 years and to pay a fine of Rs.5,000/-, in default to undergo R.I. for one year under Section 449 of I.P.C. The sentences shall run concurrently. Against that conviction and sentence the first accused filed this appeal.