ANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Both the appeals are filed by the appellants, who are the first and second accused in S.C.No.647/2009, against the judgment and order passed by the Additional Sessions Court-VI, Kollam in the above sessions case dated 22.12.2015. By the impugned judgment and order, the learned Sessions Judge convicted the first and second accused for the offences punishable under Sections 392 and 302 read with 34 of the Indian Penal Code (for short ' IPC ') and the first accused alone was convicted under Section 201 of IPC. The court below sentenced the first and second accused to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo rigorous imprisonment for one year more for the offence punishable under Section 302 I.P.C. and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2000/- and in default of payment of fine, to undergo rigorous imprisonment for six months for the offence punishable under Section 392 IPC. The first accused alone was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/- and in default of payment of fine, to undergo rigorous imprisonment for three months for the offence under Section 201 I.P.C. All the sentences were ordered to run concurrently.

(2.) Crl.Appeal No.95/2016 has been filed by accused Nos.1 and 2 challenging the above judgment while both of them had been undergoing sentence. In the meantime, another appeal has been filed by the second accused from jail, which is numbered as Crl.A.No.1151/2017. Having regard to the fact that the second accused has filed a separate appeal from jail, by order dated 11.1.2018, this Court deleted the second accused from the array of parties in Crl.A.No.95/2016. Advocate C.Rajendran was ordered to be engaged as counsel for the appellant in Crl.A.No.1151/2017 by order dated 11.1.2018.

(3.) The prosecution case in brief is as hereunder:- On 24.12.2006, while the victim Arumugham was sleeping beneath a coconut tree inside the property of one K.K.Pillai (CW12), at the road margin near the shop of PW3- Suresh @ Kannan situated near Neeleswaram-Ambalathumkala road at Kottarakkara, in Kollam District, the accused had physically lifted the victim and after taking him to the north- western side of the aforesaid property, the accused tried to take away money from the inner pocket of his underwear. While so, the deceased had strongly obstructed the act of the accused. Feeling agitated, the first accused sat on the chest of the deceased and pressed his neck with both his hands and as a result of which Arumugham succumbed to the injuries. Meanwhile, the second accused had robbed an amount of Rs.560/- and a lottery ticket from his inner pocket.