UTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 to 3 in Sessions Case No. 77 of 1981 of the Court of Session, Trichur are the appellants in this Criminal Appeal. The Court of Session convicted accused Nos. 1 and 2 under S.302 I.P.C. and under S.302 read with S.34 I.P.C. and sentenced them to undergo life imprisonment. All the accused were also convicted for the offence under S.448 I.P.C. and under S.448 read with S.34 I.P.C. Accused Nos. 1 and 2 were awarded life imprisonment for the offence under S.302 I.P.C. All the accused were awarded simple imprisonment for 3 months for the offence under S.448 I.P.C. read with S.34 I.P.C. There was also a direction that as far as accused 1 and 2 concerned the sentences awarded under S.448 I.P.C. will run concurrently with the life imprisonment.

(2.) The prosecution case in short is as follows: On the night of 17-3-1981 at about 9.30 p.m. the deceased Jose and PWs 1, 4, 5, 6 and 7, the other members of the household were offering prayers. They were living at a place called Pattithadam at Pazhanji. The deceased Jose was sitting on a bench on the front verandah of the house and offering prayers while the others were inside the house. While they were praying, 7 people came there and they beat Jose. Jose cried aloud. Then PW 1 Seemon, his brother, and PWs 5 and 7, his father and mother respectively came out. The accused persons beat Jose with bamboo sticks on forehead, head and arms. The other four who came along with the accused beat PWs 5 and 7 and PW 1 with bamboo sticks when they tried to resist the attack on the deceased. PW 5 sustained an injury on the right scapula while PW 7 sustained an injury on the right hand. Accused and the other persons who accompanied them then left the place.

(3.) The deceased and the other injured were taken in a taxi to the Kunnamkulam Government Hospital. PW 1 went to the Kunnamkulam Police Station the same night and gave Ext. P1, First Information Statement before PW 14, the Sub Inspector of Police at 11-15 p.m. Crime No. 62 of 1981 was registered against the 3 accused and 4 other persons.