SASI, KORACHANKANDY VEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is filed by the 1st accused in SC No. 653/2008 of the Court of Sessions, Kozhikode. Two accused were charged for offence under Sections 143, 147, 148, 427, 449, 435 and 302 r/w S.149 of I.P.C . The Court below convicted and sentenced the first accused alone for offence under Sections 143 , 147 , 427 , 449 , 435 and 302 of I.P.C. r/w S.149 of I.P.C ., and he was convicted to suffer imprisonment for life and to pay a fine of Rs.1 lakh for offence u/s 302 r/w S.149 of I.P.C ., for a period of 6 months for offence u/s 143 of I.P.C ., rigorous imprisonment for one year for offence u/s 147, rigorous imprisonment for one year for offence u/s 427 of I.P.C ., rigorous imprisonment for 5 years and fine of Rs.25,000/- for offence u/s 449 I.P.C ., rigorous imprisonment for 3 years and a fine of Rs.15,000/- for offence u/s 435 of I.P.C . with default sentences for non payment of fine. Sentences to run concurrently.

(2.) In fact, a group of persons, 12 in number trespassed into the house of one Moidu Haji, and the 5 th accused inflicted severe injuries on him with a common object to commit murder. They set fire to the household articles, shed and a motorcycle. In the process they committed the said offences. Other than accused 4 and 7, the other accused faced trial in SC No.193/2004 and accused 1 to 3 and 5 were convicted and accused 6 and 8 to 12 were acquitted. Since accused 4 and 7 were absconding, on their appearance, separate cases were taken against them and later consolidated as SC No.653/2008. According to the prosecution, accused Nos. 1 and 2, who were 4 and 7 in the original crime were part of the gang which attacked Moidu Haji and committed the other offences as alleged. The accused denied the allegations and charge and accordingly prosecution examined PW1 to PW16 and relied upon Exts.P1 to P24 documents. MO1 to MO17 were the material objects produced and identified. Defence examined DW1 to DW5 and placed reliance upon Exts.D1 to D18.

(3.) The Court below having found that there is enough evidence to prove that the first accused was involved in the crime and was a member of the said gang convicted and sentenced him as stated above and acquitted the second accused.