SATHISH Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl. Appeal No. 1328/2012 is filed by accused Nos. 1 and 6 challenging the judgment of conviction and order of sentence passed by the Sessions Judge, Thrissur in SC No. 555/2008 dated 14/9/2012. Crl. Appeal (V) No. 729/13 is filed by PW13, father of deceased Mahin aggrieved by the order of the trial court acquitting accused 2 to 5, 7 and 8.

(2.) Accused 1 and 6 were convicted and sentenced to undergo rigorous imprisonment for six months under Section 143 of I.P.C., rigorous imprisonment for three years u/s. 148 of I.P.C., rigorous imprisonment for ten years u/s. 449 r/w. S. 149 of I.P.C., and imprisonment for life u/s. 302 r/w. S. 149 of I.P.C. Since S. 147 of I.P.C. could be considered as a minor offence of S. 148 of IPC, no separate sentence was imposed u/s. 147 of I.P.C. A1 and A6 were directed to pay a sum of Rs. 50,000/- each as compensation u/s. 357(3) of Cr.P.C., in default, to suffer imprisonment for one year. The fine amount, if realised, 25% was directed to be given to the father of the deceased and the balance amount was to be paid to the wife of the deceased. The sentences were directed to run concurrently and the accused were entitled for set off u/s. 428 of Cr.P.C.

(3.) Case of the prosecution against the appellants is as under:-