PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants in the appeals, (Crl. Appeal Nos.547 of 2012, 1386 of 2008, 1749 of 2008, 1542 of 2008 and 1376 of 2008) who are accused Nos.1 to 5 respectively in S.C.No.285 of 2007 on the file of the Court of Session, Thrissur, challenge the conviction and sentence passed by the court below under Sections 143, 147, 342, 302 and 201 read with Section 149 of the Indian Penal Code (for short, 'the I.P.C.').

(2.) THE prosecution case is that the accused persons, who were members of an unlawful assembly, with the common object of committing murder of Jinto, pushed him into a thodu after tying rope around his neck and smothered him and also strangulated him with the rope and caused his death and thereby committed the offence under Section 302 of the I.P.C. It is also alleged that the accused persons committed the offences under Sections 143, 147, 342 and 201 of the I.P.C.

(3.) AT about 5 p.m. on 23.7.2006, Jinto contacted his mother over phone and stated that he reached at Thrissur. As promised, Jinto did not return to his house on the next day, i.e., on 24.7.2006. Therefore, PW1 tried to contact him over phone, but she did not succeed in that attempt. PW1 contacted PW17, who also made attempts to contact Jinto over mobile phone. The mobile phone of Jinto was in a switched off mode and therefore, they could not contact him.