BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in this appeal challenge their conviction and sentence in S.C.No. 1108 of 2006 on the file of the Second Additional Sessions Court, Kozhikode. Appellant No. 1 (accused No. 1- Babu) was convicted by the trial court under Sec. 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000.00 and in default, to undergo rigorous imprisonment for six months. He was also convicted under Sec. 447 Penal Code and he was sentenced to undergo R.I. for three months and to pay a fine of Rs.500.00 and in default, to undergo simple imprisonment for three weeks. It was also held that the substantive sentences shall run concurrently. Appellant No. 2 (accused No. 2 - Leena) was found guilty for the offences under Sections 447 and 323 of the Indian Penal Code. She was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.500.00 under Sec. 447 Penal Code and in default, to undergo simple imprisonment for three weeks; and to undergo simple imprisonment for three months and to pay a fine of Rs.500.00 under Sec. 323 of the Indian Penal Code and in default, to undergo simple imprisonment for a further period of two months. Substantive sentences were also directed to run concurrently.

(2.) The prosecution case is that on 19.10.2005, at 9 P.M., the accused persons criminally trespassed into the property of deceased Rajan with an intention to commit murder of Rajan and the first accused inflicted injuries on the deceased with a chopper and the second accused beat the deceased with a cudgel and pelted stones on the deceased. As a result of the cut injury, the right hand of deceased Rajan was severed and it hung on the skin tag. He sustained grievous injuries. At the Medical College Hospital, Kozhikode, he succumbed to the injuries on the same night. The offences alleged by the prosecution against the accused were under Sections 447 and 302 read with Sec. 34 of the Indian Penal Code.

(3.) On the basis of Exhibit P1 First Information Statement given by the wife of the deceased (PW1), the Sub Inspector of Police, Balussery (PW12) registered Exhibit P1(a) F.I.R. under Sections 448 and 302 read with Sec. 34 of the Indian Penal Code. Later, instead of Sec. 448, Sec. 447 was substituted. The investigation of the case was conducted by the Circle Inspector of Police, Balussery (PW11). He conducted the inquest (Exhibit P12 inquest report), questioned the witnesses, arrested the first accused on 20.10.2005 and after completing the investigation, laid the charge. The postmortem was held by PW9, who issued Exhibit P9 postmortem certificate.