SUNIL MUNDA Vs. STATE OF KERALA

JUDGEMENT

(1.) This jail appeal under Sec. 383 Cr.P.C. has been filed by the accused in S.C.No.655/2016 on the file of the Court of Session, Palakkad Division, challenging the conviction entered and sentence passed against him for the offences punishable under Ss. 449, 302 IPC and Sec. 5 (1)(a) r/w Sec. 27(1) of the Arms Act, 1959.

(2.) The prosecution case as stated in the charge sheet is as follows-Rajender Lora, the deceased, and the accused from the year 2014, were working at Andhra Pradesh and thereafter at Vellappadam, Mannarkkad. The deceased used to take commission from the wages received by the accused. Disputes arose between the two relating to the collection of commission. Pursuant to this, the accused was sent out of the place where he was residing and also sent out of his job. Due to this enmity, the accused with the intention of murdering Rajender Lora came from Jharkhand to the place of occurrence, which is the shed situated behind the residential building of PW1 bearing No.XI/373, Kumaramputhur Panchayat where Rajender Lora, PW19, PW20, the accused and Kamalesh Munda were residing and criminally trespassed into the same. The accused knew that Rajender Lora was in possession of a gun. He entered the room, took the gun, and shot Rajender Lora sleeping in the room on his right chest, resulting in his death. The incident took place on 03/10/2014 at 01:00 a.m. Hence the accused is alleged to have committed the offences punishable under the above-mentioned Ss. .

(3.) Based on Ext.P1 FIS of PW1, Crime No.979/2014, i.e., Ext.P1(a) FIR of Mannarkkad police station, alleging the commission of offence punishable under Sec. 302 IPC was registered by PW17, the then Sub Inspector. PW22 and PW23 are the investigating officers in this case. The final report was laid before the court by PW23.