PADMANABHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Under challenge before us is the judgment of the Additional Sessions Judge, North Paravoor dtd. 4/1/2007 in S.C. No. 358/2003, as per which, the accused persons, two in number, were found guilty of offences under Ss. 302 and 201, read with Sec. 34 of the Indian Penal Code. They were sentenced to undergo life imprisonment for the offence under Sec. 302, and rigorous imprisonment for one year for offence under Sec. 201 of the Penal Code, both sentences being directed to run concurrently. An appeal carried by the first accused -Crl. Appeal No. 859/2008 -was allowed by a Division Bench of this Court as per judgment dtd. 3/7/2012. The first accused thus stands acquitted. The second accused is the appellant herein. As per Order dtd. 25/11/2021 in Criminal MA No. 1/2021, we condoned the delay in preferring the present appeal.

(2.) According to prosecution, on 9/10/2000 at about 6.45 p.m, the accused persons, in furtherance of their common intention, caused the death of Nandakumar @ Kumar, also known as "M.G.R.", aged 24 years, by drowning him in the Panchayath pond. Thereafter, a stone was tied on the dead body to prevent it from surfacing. The dresses worn by Nandakumar, which were kept on the bank, were thrown into the pond, thus causing disappearance of evidence, with the intention of screening themselves from legal punishment.

(3.) The prosecution paraded 17 witnesses, through whom Exts.P1 to P9 were marked and MO1 to MO5 were identified. On the defence side, DW1 was examined and Exts.D1 to D3 and X1 were marked. On an analysis of the facts and evidence, the learned Sessions Judge convicted the accused persons by the impugned judgment as indicated above.