PYLI YACCOB Vs. STATE

JUDGEMENT

(1.) PYLI Yaccob, accused 2 in Sessions Case No. 1 of 1952 on the file of the Parur Sessions Court, has preferred this appeal against the conviction and sentence passed against him by that Court. One Raman Padmanabhan, accused 1 and the appellant were arraigned before the learned Sessions Judge with commission of offences punishable under Sections 302, 394, 397 and 457, I. P. C. The charge for murder (302) against the appellant was one read with Section 34, I. P. C. the principal offender with respect thereof being accused 1. With reference to the offences under Sections 394 and 457 both accused were alleged to be principal offenders. Section 397 only prescribes the punishment for committing robbery or dacoity with attempt to cause death or grievous hurt. The learned Judge acquitted the appellant of the charge for murder read with Section 34 but convicted him of the offences under Sections 394 and 457. A sentence of seven years' rigorous imprisonment has been awarded with respect to the former offence and three years' rigorous imprisonment for the latter. The sentences are to run one after the other. The appeal is from the judgment and order so passed.

(2.) ACCUSED 1 was found to be guilty of all the offences with which he stood charged. Sentences for like periods as those passed against the appellant for the offences under Sections 394 and 457 have been passed against him as well. With respect to murder he is to undergo rigorous imprisonment for life but all the three sentences against him are to run concurrently. He has preferred an appeal from the Central Jail where he is undergoing his sentence and that appeal was registered here as Criminal Appeal No. 70. That was heard along with this and we have just now dismissed it by a separate judgment.

(3.) THE case against the two accused persons was that during the small hours of the night between 27. 9. 1950 and 28. 9. 1950 they broke open into one 'kadaliparambu Matom' in Cheranalloor Pakuthy, Kovaapadi Kara, near Perumbavoor and that besides committing burglary they also caused the death of Parvathi Ammal, the elderly lady of the house and caused grievous hurt with dangerous weapons to P. W. 2, her son and P. W. 3, daughter. That a daring robbery took place during the night mentioned at the 'kadaliparambu Matom' and that during that occurrence Parvathi Ammal was killed and that P. W. 2 and 3 sustained very serious injuries as a result of which they had to remain as inpatients at the Ernakulam General Hospital unable to follow their ordinary avocations for more than twenty days admits of no doubt on the evidence and circumstances of the case. The point for determination in this appeal is whether the appellant is proved to have any part or lot in the occurrence. We have mentioned that the charge of murder against him read with Section 34 has been found against by the learned Sessions Judge. What we are therefore called upon to decide is whether his conviction under Sections 394 and 457, I. P. C. could be sustained.