MAHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the 3rd accused in S.C.No.163 of 2010 on the file of the Additional Sessions Judge-V, Thiruvananthapuram. He stands convicted for the offences punishable under Sections 302, 307 and 324 r/w. Section 34 of the Indian Penal Code along with two other persons.

(2.) The prosecution case is that the appellant along with two others, committed the murder of one Sajeev, the brother of PW1, in furtherance of their common intention, by delivering a blow on his head with a wooden stick by the 1st accused. The 2nd accused had also inflicted blow on the body of the deceased. The overt act alleged against the appellant/3rd accused is that, seeing the assault on the said Sajeev, his father intervened and he was attacked by the appellant with a wooden stick. As all the accused have committed acts in furtherance of their common intention, all of them were arraigned as accused for the offences mentioned above.

(3.) The accused stood trial and as per the judgment impugned in this case, the Sessions Court found all the accused guilty and passed the sentence mentioned above. This appeal is filed in the above circumstances at the instance of the 3rd accused.