NAJEEB Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals arise from the judgment pronounced by the Additional Sessions Judge-I, Mavelikara in Sessions Case No.989 of 2010. Accused 1 to 3 in the above case are the appellants in Crl.Appeal No.176 of 2015 and accused 4 and 5 are the appellants in Crl.Appeal No.177 of 2015.

(2.) Heard Shri B.Raman Pillai, learned senior counsel appearing for the appellants and Shri Alex M.Thombra, learned senior Public Prosecutor for the State.

(3.) In the above Sessions Case, 10 accused persons were tried for offences punishable under Sections 120B , 143 , 144 , 147 , 148 , 149 , 341 and 302 read with Section 149 of the Indian Penal Code, 1860 (in short, " IPC ") for allegedly committing murder of one Vinod on 23.12.2007 at about 7.30 p.m. pursuant to a conspiracy hatched by them. At the close of trial, the trial court found that the prosecution failed to establish allegation of criminal conspiracy and all the accused persons were not found guilty of the offence under Section 120B IPC. Consequently all of them were acquitted for that offence. Court below did not find any reason to convict accused 6 to 10 for any of the aforementioned offences. Therefore, they were acquitted of all the charges. Placing reliance on the testimony of two eye witnesses, viz., PWs 1 and 2, and some other witnesses, the trial court found the appellants guilty under Sections 143 , 144 , 147 , 148 , 341 and 302 IPC with the aid of Section 149 IPC and convicted them to undergo various terms of imprisonment, including life imprisonment and fine of Rs.50,000/- under Section 302 IPC.