AVINASH BHIKU SHINDE Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.137 of 2014 on the files of the Additional Sessions Court-I, Alappuzha are the appellants in these appeals. There were three accused in the said case and among them, the first accused is the appellant in Criminal Appeal No.617 of 2019, the second accused is the appellant in Criminal Appeal No.798 of 2019 and the third accused is the appellant in Criminal Appeal No.685 of 2019. Accused Nos. 1 and 2 stand convicted and sentenced for the offences punishable under Ss. 120B, 449, 302 and 394 read with Sec. 34 of the Indian Penal Code (IPC) and accused No.3 stands convicted and sentenced for the offences punishable under Ss. 120B, 302 and 394 IPC.

(2.) The body of one Durgesh, a native of Maharashtra who was engaged in the business of converting 22 carat gold ornaments into 24 carat pure gold in one of the shop rooms in a commercial complex namely Sona Complex situated at Mullackal in Alappuzha District was found lying on the floor of his shop by one Fasal at about 10 p.m. on 5/11/2013. It is alleged that Fasal had gone to the shop of Durgesh then to obtain the pure gold purchased by him from Durgesh. The police officers and the friends and relatives of Durgesh who had gone to the scene on receiving information took Durgesh to the General Hospital, Alappuzha. It is alleged that Durgesh was brought dead to the hospital.

(3.) A crime was registered by Alappuzha North Police in connection with the death of Durgesh on the basis of the information furnished by Fasal and after investigation, a final report has been filed in the case against the accused alleging commission of offences punishable under Ss. 120B, 449, 302 and 394 read with Sec. 34 IPC. The accusation in the case is that the third accused who was in inimical terms with Durgesh on account of business rivalry and jealousy hatched a criminal conspiracy in the house of the third accused with the first and second accused to cause the death of Durgesh and commit robbery of the gold and money possessed by him; that in furtherance to the said criminal conspiracy, the third accused had shown to the first and second accused the shop of Durgesh, and on 5/11/2013, between 9.45 p.m. and 10.45 p.m., the first and second accused trespassed into the shop of Durgesh. It is alleged that the first accused thereupon caught hold of the neck of Durgesh from behind and when Durgesh inflicted a blow on the head of the first accused using an iron rod so as to come out of the hold of the first accused, the first accused pushed him down backwards and as a result, the head of Durgesh hit against an iron mould kept on the floor used for gold works, and Durgesh suffered an injury on his head above the left ear. It is also alleged that by the second accused caught hold of the legs of Durgesh and the first accused then smothered and strangulated him to death. It is also alleged that the first and second accused thereupon committed robbery of gold items weighing 747.800 grams and cash amounting Rs.5,60,460.00kept by Durgesh in his shop and concealed the same in the bag carried by the first accused.