RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Factual and legal questions arising in this Criminal appeal and Death Sentence Reference are intrinsically interconnected. Hence we heard them together.

(2.) Six accused persons were charge sheeted by the Assistant Commissioner of Police, Cantonment Police Station, Thiruvananthapuram for offences punishable under Sections 143, 147, 148, 149, 323, 324, 302 and 212 of the Indian Penal Code, 1860 (in short, " IPC ") and Section 27 of the Arms Act, 1959 (in short, " Arms Act "). The incident which resulted in the registration of crime happened on 11.07.2008. After completing the investigation, a final report under Section 173(2) of the Code of Criminal Procedure, 1973 (in short, " Cr.P.C .") was filed on 27.01.2009 before the Magistrate having jurisdiction. Later, the case was committed to the Sessions Court. It is an admitted fact that the 1st accused was killed on 01.06.2009. Evidently, on the date of framing a charge by the learned Additional Sessions Judge on 30.05.2016, the 1st accused was no more. Needless to mention, accusations in the final report levelled against him stood abated. After trial, the 2nd accused alone was found guilty of offences punishable under Sections 323, 324 and 302 IPC read with Section 34 IPC and Section 27 of the Arms Act read with Section 34 IPC and others were acquitted. Hence this appeal at his instance.

(3.) Learned Additional Sessions Judge after hearing both sides framed a charge in the following terms: