SAJIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.2, 4 and 5 in Crime No.47 of 2006 of CB-CID, Kozhikode who were tried jointly in S.C.Nos.498 of 2015, 420 of 2013 and 1048 of 2014 respectively on the files of the Court of Session, Kozhikode, are the appellants. They challenge in the appeals the conviction entered and the sentence passed against them in the said cases. Among the appeals, Crl.Appeal No.526 of 2016 is instituted by accused Nos.2 and 4 and Crl.Appeal No.269 of 2016 is instituted by the fifth accused.

(2.) One Abdul Karim died in an occurrence which took place by about 10.30 p.m. on 11/2/2006. The case of the prosecution as stated in the final report is that the deceased and the seventh accused were business partners; that on account of the enmity towards the deceased, the seventh accused hatched a conspiracy with the sixth accused to cause the death of Abdul Karim; that in furtherance to the said conspiracy, the sixth accused hired the services of accused Nos.1 to 5 and one Sudheer to cause the death of Abdul Karim and that the aforesaid accused, as instructed by accused Nos.6 and 7, chased Abdul Karim who was going to Kozhikode from Kalpetta on the fateful day in his Qualis motor car bearing Reg.No.KL-11/S-3468 driven by one Sivan, in a TATA Sumo motor car bearing Reg.No.KL-07/A-2467 with weapons like iron rods, wooden sticks etc., intercepted the motor car in which the deceased was travelling near the ninth hairpin curve in the Adivaram-Vaithiri Ghat road, broke the glass of the back left door of the car on the side the deceased was sitting, forcibly entered inside the aforesaid motor car, took control of the same by pushing Sivan, the driver away from his seat, took the car back towards Wayanad and assaulted the deceased and the driver severely inside the car with the weapons carried by them. It is also the case of the prosecution that after sometime, they stopped the car, dragged Abdul Karim out of the car and beat him with the weapons carried by them and also kicked him on his body. It is the further case of the prosecution that thereupon, they brought back the deceased to the car, drove the car for some more time and pushed the deceased as also the driver out of the car and later abandoned the car. It is the further case of the prosecution that the driver of the car in which the deceased was travelling, somehow managed to reach the nearby junction after sometime and went to the Medical College Hospital, Kozhikode with the aid and assistance of a few others and in the meanwhile, Abdul Karim succumbed to the injuries.

(3.) A case was registered in connection with the occurrence on 12/2/2006 by Thamarassery Police on the basis of the information furnished by the driver of the car. The investigation of the case was initially conducted by the local police and later by Crime Branch and the final report was laid after the investigation under Ss. 143, 147, 148, 341, 363, 307 and 302 read with Ss. 149 and 120B of the Indian Penal Code.