STATE OF KERALA Vs. SHIJIL

JUDGEMENT

(1.) The Sessions Judge, Thrissur in SC.No. 564/2007 on his file convicted the appellants in these Criminal Appeals for offence under Section 143, 147, 148, 341 and 302 r/ w. 149 IPC. The appellant in Crl. Appeal No. 1412/2008, who is the first accused as per the charge sheet, was sentenced to be hanged by the neck till he is dead for offence under Sec. 302 of the Indian Penal Code r/w. Sec. 149 IPC. He is further sentenced to rigorous imprisonment for six months and a fine of Rs. 10,000/- with usual default clause for offence under Sec. 143 IPC. For offence under Sec. 148 IPC he was sentenced to rigorous imprisonment for three years and a fine of Rs. 50,000/- with default sentence. For offence under Sec. 341 r/w. 149 IPC he is sentenced to simple imprisonment for one month. For offence under Sec. 147 IPC, no separate sentence was awarded. Assailing the conviction and sentence appeal was preferred. The sentence against the appellant in Crl. Appeal No. 1412/2008 being death; it was referred to this Court under Sec. 366 of the Code of Crl. Procedure for confirmation. Accordingly, Death Sentence Reference was registered.

(2.) The appellant in Crl. Appeal No. 899/2010, who is the third accused in the charge sheet, was sentenced to rigorous imprisonment for life and a fine of rupees two lakhs for offence under Sec. 302 r/w. 149 IPC. For offence under Sec. 143, 148 and 341 IPC, identical sentences as awarded to the other appellant were also awarded. No separate sentence was awarded for offence under Sec. 147 IPC.

(3.) The appellant in Crl. Appeal No. 899/2010 didn't care to prefer any appeal. When the Death Sentence Reference and the First Appeal came up for hearing, it was enquired from this Court as to whether he is preferring any appeal assailing the conviction and sentence. It is, thereafter, the other appeal was preferred with petition to condone delay. The delay was condoned and the appeal was taken to file.