ROYSON Vs. STATE OF KERALA

JUDGEMENT

(1.) The two appellants in Criminal Appeal No. 330 of 1986 were tried and convicted for offences punishable under S.302, 379 and 201 with the aid of S.34 of the Indian Penal Code. For murder, life imprisonment was awarded to both of them. No separate sentence was given for the other offences. Criminal Appeal No. 451 of 1986 was filed by the State for enhancement of the sentence.

(2.) Deceased Chandran Nair and PW 1 Appukuttan were close friends hailing from Thiruvananthapuram. They were engaged in selling clothes on instalment basis at Poothole in Thrissur. Their joint residence was in one of the rooms in the residential building of PW 3 at Adiyat lane, Poothole. PW 2 Ibrahim is a shop owner at Poothole. He was the common friend of Chandran Nair and PW 1. First accused Royson alias Paul was the driver of the second accused Madhavan. The second accused was having a white tourist ambassador car, KEE 5817, and a tempo van. These two appellants were also friends of Chandran Nair. Second accused had some business failure and he was in financial difficulties.

(3.) Accused 1 and 2 persuaded Chandran Nair to join them in a partnership for buying and selling automobiles. The total investment agreed was Rs. 60,000/-. That had to be shared by all the three equally. Chandran Nair had no funds. He knew that PW 1 will not allow him to go in for car business. He therefore, requested PW 1 for an advance of Rs. 20,000/- as if it was for being paid to PW 2. PW 1 gave Rs. 16,000/-. He was able to command only that much of money. Chandran Nair somehow or other collected Rs. 3,000/- more. The shortage of Rs. 1,000/- was received from PW 2 PW 2 was told about the real need for money. At that time, a further request was made to him that PW 1 should not be informed about the purpose of purchasing the car. So also, Chandran Nair did not inform PW 2 that in his name he borrowed Rs. 16,000/- from PW 1.