SASIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above two appeals are arising out of the judgment dated 22.6.2010 in S.C.No.682 of 2006 of the court of the Additional District and Sessions Judge (ADHOC), Fast Track Court-I, Pathanamthitta and the facts and circumstances and the question of law involved are identical, the above appeals are heard together and being disposed of by this common judgment.

(2.) CRL.A.No.1338 of 2010 is preferred by accused Nos.2 and 3 in Crime No.21 of 2005 of Thannithodu Police Station whereas the first accused in the very same crime is the appellant in CRL.A.No.2198 of 2010. CRL.A.No.1338 of 2010 was filed through Advocate Sri.V.Sethunath, counsel of the choice of the said appellants and this Court, by order dated 9.7.2010 in CRL.M.A.No.6529 of 2010 in the above appeal, suspended the execution of sentence with respect to those appellants. As the appellant in CRL.A.No.2198 of 2010 is undergoing imprisonment, in pursuance of the impugned judgment, he preferred the above appeal from jail and on receiving the jail appeal as directed by this Court, the Registry has appointed Advocate Smt.K.Laija George, from the panel of State Brief to prosecute the appeal for and on behalf of the appellant.

(3.) I have heard Sri.V.Sethunath, learned counsel appearing for the appellants in Crl.A.No.1338 of 2010, which is preferred by accused Nos.2 and 3 and Smt.K.Laija George, counsel appearing for the appellant in Crl.A.No.2198 of 2010 preferred by the first accused. I have also heard Sri.M.R.Venugopal, learned Public Prosecutor.