SUDHEER BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No. 456 of 2006 on the file of the Additional Sessions Court-II, Palakkad, are the appellants. They faced trial on a charge sheet laid by the Circle Inspector of Police, Cheruplassery, for the offences punishable under Ss. 376, 302 and 397 r/w. 34 I.P.C. on the following allegations. The appellants are referred to, as they are arrayed in the impugned judgment.

(2.) The accused were defended by the counsel of their choice. They pleaded not guilty to the charge levelled against them. Thereafter, at the trial, on the side of the prosecution, PWs. 1 to 24 were examined and Exts. P1 to P48 were marked. MOs. 1 to 30 were identified. Though, after completion of the prosecution, the accused were called upon to enter on defence and tender evidence, if any, under S. 232 Cr.P.C., they did not tender any evidence.

(3.) The Trial Court, after considering the evidence on record, found the accused guilty under Ss. 376, 302 and 397 r/w. 37 I.P.C. They were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine, to undergo imprisonment for six months under S. 376 IPC. They were further sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each and in default, to undergo imprisonment for six months under S. 302 IPC, with a rider that they shall not be released from prison for a period of 20 years. They were further sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo imprisonment for three months under S. 397 IPC. There was a direction that the sentence of imprisonment under S. 397 IPC shall run concurrently with the other terms of sentences awarded under Ss. 376 and 302 I.P.C. Set off was also allowed under S. 428 Cr.P.C. Thus, this appeal.