PAITHALA NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Judgment of the Court was delivered by Chettur Sankaran Nair,J. - - Appellants 1 to 3 - - Accused 1 to 3 in S -C.32/87 in that order,challenge the conviction and sentence imposed on them by the Court of Session,Palghat Division.In furtherance of their common intention,Appellants are alleged to have way laid deceased Rajan on the Mudappallur -Vandazhi public road,and caused his death by kicking him and hitting him with a granite stone on his chest,ribs and abdomen the offences punishable under S.302 and 341 read with S.34 I.P.C.

(2.) THE Court of Session found Appellant No.1 guilty of offences under S.302 and 341 I.P.C.and sentenced him to imprisonment for life,and to a fine of Rs.15,000 in default of which he was to suffer imprisonment for two years.Appellants 2 and 3 were convicted under S.323 I.P.C.and sentenced to imprisonment for a year and to a fine of Rs.1,000 each,in default of which they were to suffer rigorous imprisonment for one month.

(3.) PWS 1 to 5 and 11 were examined to prove the occurrence.Of them,PWs 4,5 and 11 turned hostile.PWs -1 to 3 speak to the incident.P.Ws.1 and 6 speak to the motive.There was an incident in which appellant No.1 was beaten up,and he believed that the deceased was involved in it.He appears to have told P.W.6 that he would grow his hair and beard,until he had done away with the deceased.