KRISHNAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 9th accused in Crime No.489/2006 of Cherpulassery Police Station, Palakkad District which is now pending as L.P.No.64/2014 on the file of the Judicial Magistrate of First Class-1, Ottappalam.

(2.) The aforesaid case was registered against the petitioner and ten others for the offences punishable under Ss. 120(B),143,147,148,449 and 302 r/w. Sec. 149 of the Indian Penal Code (IPC), Sec. 5 of the Explosive Substances Act and Sec. 20 of the Arms Act, 1959.

(3.) The prosecution case is as follows: Ravi (the deceased in the case) had murdered the petitioner's parents. To seek revenge, the petitioner herein (Accused No.9) hired the other accused for a consideration of Rs.3,00,000.00(Rupees Three Lakhs only) to murder Ravi. Consequently, Accused Nos.1 to 8, 10 and 11 assembled under the leadership of Accused No.2 at Edamattom beach, near the house of Accused No.1 and planned to kill Ravi. In furtherance of the plan hatched out, on 21/12/2006, Accused Nos.1 to 8, 10 and 11 formed themselves into an unlawful assembly and proceeded together in two vehicles (a white Maruti car and a motorcycle) armed with lethal weapons such as axe, swords and country bomb and the accused persons arrived at the destination at about 2.30 A.M. Accused Nos.4 and 8 guarded the vehicles, while Accused Nos.6,7 and 10 guarded the house. Accused Nos.1,2,3,5, and 11 moved towards the house armed with deadly weapons. Accused Nos.2 and 3 destroyed the front door lock and all of them criminally trespassed into the house. Thereafter, Accused No.3 smashed the door of the bedroom in which Ravi was sleeping, after which all the accused entered the room. Accused No.3 slashed at Ravi's neck with an axe, and after that, Accused Nos.1,2,5 and 11 inflicted multiple cut injuries on different parts of his body and thereby murdered him.