SAJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) As the above two appeals are arising out of the same judgment dated 22.8.2009 in SC No. 768/2008 of the Court of Additional District and Sessions Judge (Fast Track Court No-I). Thrissur and the question of facts and law involved are identical, the above appeals are heard together and being disposed by this common judgment. Crl. A No. 2439/2009 is preferred by accused No. 4 in SC No. 768/2008 through a counsel of his choice, whereas Crl. A. No. 1165/2010 is preferred by the 2nd accused, in the above sessions case, who is undergoing imprisonment in pursuance of the above judgment and thus he preferred the above appeal from the jail. On receiving the appeal as ordered by this Court, the registry has appointed Smt. V. Sreeja. counsel as State Brief to prosecute the appeal for and on behalf of the said appellant Thus, when Crl. A. No. 2439/2009 came up for admission, received the same in file and this Court, by order dated 23.12; 2009m Crl. MA. 11324/2009. suspended the execution of the sentence imposed against the appellant therein 4th accused and thus, he is on bail whereas the other appellant is undergoing imprisonment.

(2.) Thus the challenge in these appeals is against the conviction and sentence imposed on the appellants, u/s.397 r/w Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'), vide judgment dated 22.8.2009 in SC No. 768/2008 of the court of Additional District and Sessions Judge (Fast Track Court No-I), Thrissur.

(3.) The prosecution case in brief is that in furtherance of the common intention of the accused in committing theft of a Tata Indigo car, bearing registration No. KL 42/6770 from the possession of the taxi driver namely, Ramachandran- PW 1, the accused caused hurt to Ramachandran and attempted to cause his death and dishonestly taken away the car at 16.30 hours on 6.10.2007. With the above allegation, Crime No. 163/2007 was registered in Vettilappara Police Station, for the offence punishable u/s.397 of IPC. After investigation, the Police had preferred the report before the Judicial First Class Magistrate Court. Chalakudy.