LAWS(KER)-2023-7-118

MADHU Vs. STATE OF KERALA

Decided On July 25, 2023
MADHU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These appeals under Sec. 374(2) Cr.P.C. have been filed by the accused, three in number in S.C.No.355/2015 on the file of the Court of Session, Thodupuzha, through the Superintendent, Central Prison and Correctional Home, Viyyur, Thrissur under Sec. 383 Cr.P.C. challenging the conviction and sentence passed against them for the offences punishable under Ss. 449, 302, 392, 201 r/w 34 IPC.

(2.) The prosecution case is as follows- the father of PW1, Kunjumuhammed was conducting a lodging business in the name and style 'Rajadhani Tourist Home' at Adimali. Kunjumuhammed, his wife Ayisha, and her mother Nachy were residing on the first floor of the tourist home, which had three floors excluding the ground floor. The tourist home was being conducted on the first, second and the third floors. The ground floor consisted of shop rooms.

(3.) Based on Ext.P1 FIS given by PW1 on 13/02/2015 at 7:00 a.m., Crime no.172/2015 of Adimali police station, that is, Ext.P32 FIR was registered by PW43, the then S.I., Adimali. Investigation was conducted by PWs.43, 28, 33 and 53. PW54, the then Circle Inspector, Adimali verified the records and submitted the final report before the jurisdictional magistrate against A1 and the third accused (A3). The case on committal, was taken on file as S.C.No.355/2015. Subsequently, the second accused (A2) was apprehended by PW33. The final report against him was filed before the jurisdictional magistrate and the case was committed to the Court of Session. The said case was taken on file as S.C.No.267/2016. Thereafter, both the cases were clubbed together and tried.