IGNATIOUS Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED 1 to 3 in Sessions Case No. 65 of 1987 of the First Additional Sessions Court, Ernakulam are the appellants. Accused 1 to 3 along with the 4th accused one Salim ware charged under S.341, 506 (ii) and 302 read with S.34 I.P.C. Learned First Additional Sessions Judge found accused 1 to 3 guilty of the offence punishable under S.302 read with S.34 IPC and sentenced each to undergo imprisonment for life under the said Section. Fourth accused was acquitted. Accused 1 to 3 challenge the conviction and sentence in this appeal.

(2.) PROSECUTION case can be summarised as follows :- On account of the enmity the accused persons had against Jose Thomas (deceased), son of PW 10, in furtherance of their common intention to cause the death of Jose Thomas, first accused armed with MO 6 chopper. and accused 2 and 3 armed with MOs. 7 chopper and 8 knife assembled on 29-8-1986 at about 7.30 P. M. on the rear side of the house situated near the fire station at Aluva Ma which accused 1 and 2 were residing. While, they were so waiting, on seeing Jose Thomas (deceased) riding on the pillion of a scooter ridden by PW 1, proceeding from east to west, the 3rd accused made a hiz-hiz sound to the deceased to stop whereupon Jose Thomas asked PW 1 to stop the scooter. The scooter was stopped and Jose Thomas came towards the place where the 3rd accused was standing in the company of the 4th accused. PW 1 remained where the scooter was stopped. Accused 1 and 2 approached PW 1 and criminally intimidated him saying that he would be done away with if he remained there and asked him to go away, PW.1 moved away to some distance. Then accused 1 and 2 also closed in where Jose Thomas was standing, When first accused armed with MO. 6 chopper, second accused armed with MO-7 chopper and third accused armed with MO-8 knife came closer, the scared Jose Thomas pleaded not to kill him. Accused 1 to 4 restrained Jose Thomas from escaping ; first accused cut him with MO. 6 chopper on his right hand, second accused cut him with MO-7 chopper on his left hand and third accused inflicted a stab on his chest with MO-8 knife. Again first accused inflicted several cut injuries on Jose Thomas, one of which fell on the left side of his (Jose Thomas) neck. On receiving the injuries he fell down. Thereafter, accused 1 and 2 Inflicted several cut injuries on different parts of the body of Jose Thomas, and third accused again stabbed him on his chest. Finally, first accused dealt a violent blow with MO-6 chopper on his neck which almost decapitated Jose Thomas. Accused 1 and 3 escaped on a scooter and accused 2 and 4 escaped on a motor cycle.

(3.) PW -45 took over the investigation in the same night. He deputed PW 36 on the next day for preparing inquest. He (PW-36) held inquest and prepared Ext. P18 inquest report PW 42 held autopsy; Ext. P45 is the post mortem report. PW 44 proceeded to the scene and prepared Ext. P19 scene mahazar. He seized the material objects found at the scene. As per his instruction PW 37 conducted search in the houses of the accused persons. Exts. P32 to 41 are copies of search memo and search list. PW 41, Sub Inspector of Police, Binanipuram seized the shirt of the second accused (MO-14) produced by PW 16 under Ext. P15. He also seized MO-16 shirt of the first accused and MO-17 shut of the 4th accused under Ext. P16 which were produced by PW 16. PW 44 arrested the accused from Manjeri at 11 P.M. on 28-9-1986. Accused were produced before the Magistrate, and PW 44 obtained the custody of the accused for a period from 30-9-1986 to 6-10-1986. As per the information received from the third accused on questioning, he recovered MO. 8 knife on 1-10-1986 under Ext. P20, and recovered MO-7 chopper under Ext. P21 on 2-10-1986 as per the information received from the second accused. MO. 6 chopper was seized by PW 44 from the scene in Crime No. 361/1986 in which Jolly Thomas, the brother of Jose Thomas was also murdered in the same night of the occurrence in this case. PW 44 questioned the witnesses, completed the investigation and laid charge before court. Prosecution examined PWs. 1 to 44, produced Exts. P1 to P - 66 and identified MOs. 1 to 24. On the defence side Exts. D1 to D7 were marked.