SUDHI Vs. STATE OF KERALA

JUDGEMENT

(1.) Every crime is shocking, but the present one is macabre for reason of it being a random killing, allegedly to instill fear into society; for an organization of Dalits to thus establish themselves as formidable. A conspiracy is said to have been hatched to carry on random killings by the members of the association; the accused arraigned, which in the wee hours of 23/9/2009 led to the death of a morning walker and the near death of a tea shop owner.

(2.) The prosecution went to Court arraying A1 to A16. A15 died in the course of trial. A6 and A11 are still absconding. A1 and A3 to A5, A7, A10 and A16 were convicted and the other six were acquitted. The convicted accused were sentenced to undergo imprisonment for life for the offence punishable under S.302 r/w S.120B and S.149 IPC. They were also sentenced to undergo RI for a period of ten years each under S.307 r/w S.120B and S.149 IPC. Sentences were imposed under the other provisions charged, for lesser periods, all of which were to run concurrently. Fines were imposed under the various provisions and in default, the accused were sentenced to undergo simple imprisonment for various periods.

(3.) The appeals are filed by the accused and learned Senior Counsel Sri. Vijaya Bhanu argued on behalf of A5 and A10. Sri. C.Prathapchandran Pillai appeared for A1, A3, A4, A16 and A7. Sri. V.S.Sreejith, learned Senior Public Prosecutor, appears for the respondent State.