EMAMUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.1133/2007 on the files of the First Additional Sessions Judge, Thiruvananthapuram. By judgment dated 22.8.2015, the learned Sessions Judge convicted and sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs.2,00,000/-, in default to undergo rigorous imprisonment for 2 years more for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short 'the IPC '). Challenging the conviction and sentence, the appellant preferred this appeal.

(2.) The prosecution case in brief is that out of previous enmity, accused 1 and 2 conspired together in a bye-lane leading from Padmanabha Theatre to Ruby Nagar at East Fort, Thiruvananthapuram and in pursuance of their common intention to eliminate the deceased Hameed Kannu anxiously waited for a moment to execute the plan. Accordingly, on 30.4.2006, at around 9.30 pm, the deceased and second accused came to Karims Junction on the respective motor bikes bearing Registration No. KL-01/AG 3229(Bajaj CT-100) and KL-01/Z-8543 (Kawasaki Boxer) respectively and when the deceased Hameed Kannu proceeded for buying fruits from PWs.2 and 3, second accused followed him and when they reached on the road near Karims Fashion Corner building, the first accused waited for the arrival of the deceased Hameed Kannu and stabbed with a knife on his abdomen and inflicted a wound having a depth of 10cms. The second accused caused the deceased Hameed Kannu to lie there in a bleeding condition without giving him necessary medical attention. When CW10 and others attempted to rush the injured to the hospital, the second accused prevented them and as a result of which, the deceased succumbed to the injuries.

(3.) Immediately, after the occurrence, the second accused proceeded to the Police Station at around 4 a.m. on 1.5.2006 and lodged Ext.P13 First Information Statement before PW30 the Circle Inspector of Police, Fort Police Station. PW30 registered Ext.P13 (a) FIR. The apparel of the first informant was drenched in blood which caused suspicion to PW30. Hence, PW30 provided substitute apparel for the first informant and seized MO17 and MO18 apparel under Ext.P7 seizure mahazar. PW30 conducted inquest and prepared Ext.P14 inquest report and then sent the deadbody for postmortem examination. PW30 inspected the scene of occurrence and prepared Ext.P6 scene mahazar. During the investigation, the second accused passed away. PW30 recorded the statement of the witnesses, recovered the material objects, completed the investigation and filed the final report before court against first and second accused for the offences punishable under Sections 120B and 302 read with Section 34 of the Indian Penal Code and filed the final report before the learned Judicial First Class Magistrate Court-II, Thiruvananthapuram. The learned Magistrate committed the case to the Court of Session after completing the requisite formalities.