SABU @ SACHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in S.C. No.344/03 on the file of the II Additional Sessions Judge, Ernakulam is the appellant in this appeal. The above case is charge sheeted by the Circle Inspector of Police, Njarakkal Police Station against the appellant and his father alleging offences punishable under Sections 341, 302 r/w Section 34 of IPC. The trial court acquitted the second accused, who is the father of the appellant, and convicted the appellant herein who is the first accused. Hence this appeal. (hereinafter the parties are mentioned according to their rank before the trial court).

(2.) In short, the prosecution case is as follows: Deceased Shibu alias Kuttappi had borrowed Rs.2000/- from the second accused, and after making payment of Rs.1,700/- he kept a balance of Rs.300/-. The second accused repeatedly demanded the amount from the deceased, and the deceased did not pay the amount. Out of that enmity, accused persons in furtherance of their common intention to murder Kuttappi, second accused wrongfully restrained him on 11.5.2001 demanding money while the deceased was going towards west from Elamkunnapuzha bus stop. The second accused caught hold of the pants of the deceased from his backside and prompted the first accused, who reached there with a wooden reaper, to murder him. The first accused gave three blows on the head of deceased Kuttappi by using a wooden reaper. As a consequence of the blows sustained on the head, the deceased fell down on the road. Subsequently, the deceased was taken to Lourde Hospital, and from there, he had succumbed to the injuries sustained by him. The first accused is the son of the second accused.

(3.) On appearance before the trial court, the trial court framed charge under Sections 341 , 302 r/w Section 34 of IPC.