JAIMY Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the Judgment, dated 29th January, 2001 of the 1st Additional Sessions Judge, Ernakulam in S.C. No. 68/1997. The appellant and 7 others were charged with the offences punishable under S.143, 147, 148, 341, 323, 324 and 302 read with S.149 of the Indian Penal Code. After the trial, the learned Additional Sessions Judge found the appellant (first accused) guilty of the offences punishable under S.302 and 341 of the IPC. He was sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000 in default to undergo rigorous imprisonment for two years under S.302 of the IPC and to undergo simple imprisonment for one month under S.341 of the IPC. The sentences were allowed to run concurrently. Accused Nos. 2 to 8 were found not guilty of the offences and they were acquitted. The order of conviction and sentence passed against the appellant is seriously challenged in this appeal.

(2.) The prosecution story runs in the following lines. On 17th March 1996, accused Nos. 1 and 3 in this case attacked P.W. 4 Manoj. The said Manoj lodged a complaint before the police. The accused were under the impression that deceased Unni @ Jeemon bad pointed out the house of the first accused to the police during investigation. On account of this, the accused were nursing a grudge against Unni. On 18th March 1996 at about 6.30 p.m., accused Nos. 1 to 4 were waiting on the road in front of the house of the deceased while accused Nos. 5 to 8 were waiting for him on the western side of his house. The deceased Unni came to the spot on a motor cycle and immediately the accused surrounded and assaulted him by fists. Thereafter the first accused stabbed the deceased with a dagger on the left side of his chest and on the right forearm. The deceased was taken to the City Hospital, Ernakulam. While undergoing treatment in the hospital, the deceased succumbed to the injuries at 1.45 a.m. on 21st March 1996.

(3.) On the basis of Ext. P - 8 information given by P.W. 13 Martin, P.W. 17 registered Crime No. 50/1996 under Ext. P - 8 (a) FIR P.W. 18, the Circle Inspector, Ernakulam Town North Police Station took up the investigation in the case. Dr. Satheesh Babu conducted autopsy on the dead body and issued Ext. P - 11 Post mortem Certificate. On the basis of the information furnished by the first accused, M.O. 3 knife was recovered. After completing the investigation, P.W. 18 laid the charge before the court.