MUHAMMED MUSTHAFA @ MUSTHAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.01.2016 rendered by the Additional Sessions Judge-I, Kalpetta in Sessions Case No.116/2015 convicting and sentencing the 2nd accused under Sections 120-B, 449, 302, 307, 397 r/w. 34 IPC .

(2.) The prosecution case in short is as follows: On 31.01.2007 at about 12 midnight, the appellant - second accused along with the first accused, in furtherance of their common intention and criminal conspiracy to commit robbery and murder, trespassed into the temporary shed where deceased Asya and her son PW2 had been residing and the 1st accused armed with pickaxe and the 2 nd accused with a crowbar, with the preparation to commit robbery even by causing death of deceased and PW2, who were sleeping in the temporary shed, hit at the head of the deceased Asya and her son PW2 and inflicted fatal injuries to PW2 and the deceased. When PW2 and the deceased alarmed, they were again inflicted with fatal blows with deadly weapons resulting in the death of Asya and serious head injuries to PW2. It is further alleged that the 1st and 2nd accused committed robbery of Rs.4,000/- and gold ornaments worth Rs.14,000/- in total out of which Rs.1,000/- was taken by the first accused and spent for purchasing articles to his house and Rs.3,000/- was kept by the second accused and out of the gold ornaments, the 2nd accused pledged the necklace in the Bank run by PW12 at Kalpetta and obtained Rs.4,300/- and the 2nd accused gave Rs.1500/-, Rs.500/- and Rs.5500/- respectively to PW8, CW21 and PW9 and thereby the 2nd accused along with the first accused committed the offences aforementioned.

(3.) After the incident, PW1 went to Padinharathara Police Station at about 11 a.m on 01.02.2007 and gave First Information Statement, certified copy of the same is marked as Ext.P1 (all the documents are certified copies since the originals were already produced in S.C No.154 of 2009).