SURESH @ KARATTE SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Internecine gang wars lead to mindless killing, a classic example of which is the instant case. One Krishna Kumar a person involved in a number of cases was targeted and killed in the incident from which the aforesaid appeals arise. Altogether eleven accused were arrayed in Crime No.51/2007 of Pettah Police Station. Due to some of the accused absconding, A3 and A6 to A11 faced trial in S.C.No.1540/2009 wherein A8 was acquitted and others convicted. In appeal A9 and A10 were acquitted and conviction of A3, A6, A7 and A11 were confirmed. A2 and A5 having been apprehended, they stood trial in S.C.No.664/2013 in which both were convicted. The appeals arise from the said order of conviction. The case against A1 A4 and A12 were split up and refiled which is still pending.

(2.) A2 was sentenced to RI for six months under S.143, RI for three years and fine of Rs.5000/- under S.148, RI for two years under S. 324, RI for life and fine of Rs.2,00,000/- under S. 302 all read with S.149 IPC, RI for 5 years under S.3 and 5 years under S.5 of the Explosive Substances Act and RI for 3 years and fine of Rs.10,000/- under S.27 of the Arms Act and appropriate default sentences. A5 was sentenced to undergo RI for life and fine of Rs.2,00,000/- under S.120(B) r/w S.302 IPC, RI for six months under S.143, RI for one year under S.147 and RI for life and pay fine of Rs.2,00,000/- under S. 302 all read with r/w S.149 IPC and appropriate default sentences.

(3.) The prosecution case is that on 20.02.2007 the deceased along with four others were returning after appearing before the JFCM Court-II. They were traveling in an Indica car which was waylaid by a Scorpio in which the accused were traveling. The accused on emerging from the car, hurled bombs at the Indica car forcing the passengers out; who ran for their lives seeing the assailants take out weapons and one of them shouting to hack everyone to death. The deceased was followed by some of the accused, one of whom was A2 and hacked to death with a sword carried by one and choppers carried by other assailants, including A2. PW-2 who was driving the Indica car and PW-1 a passenger in the said car suffered injuries in the incident and accompanied the deceased to the hospital in a police vehicle which fortunately came by. PW-3 yet another passenger of the Indica car ran across the road and on turning around, to see if he was followed saw A5 sitting in the driving seat of the Scorpio car.