MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Sessions Case No. 97/01 on the file of the Additional Sessions Judge (Ad hoc-I), Thalassery, arose from Crime No. 256/99 registered before the Panoor Police Station of Kannur District. By judgment dated 11-03-2004, the Sessions Judge had convicted all the five accused persons. Accused 1 to 5 were found guilty of forming an unlawful assembly armed with deadly weapons with the common object of committing murder of deceased Pulinholikuniyil Balan. They were found guilty of offence punishable under S.143 of the Indian Penal Code. Finding that essential ingredients of S.147 also have been established by the prosecution as against them, they were found guilty under S.147 of the Indian Penal Code. Accused 1 to 3 were found guilty under S.148 of the IPC, but accused 4 and 5 were acquitted of the said allegations. Accused 1 to 3 were also found guilty of trespass leading to committing an offence punishable under S.449 of the IPC. The accused were not found guilty of having committed offence charged against them under S.120(B) read with S.149 IPC. As it was found that accused 4 and 5 have shared common object of committing murder of the deceased person along with A1 to A3, they are found guilty under S.302 read with S.149 of the Indian Penal Code. They were not found guilty under S.27 of the Arms Act. As a result, taking notice of the circumstance that accused were also accused (excepting A4) in various criminal offences and finding the antecedents, and their adopted life style of crime, the Court was of opinion that all of them deserve punishment warranted under S.302, 143, 147, 148 and 449 of the Indian Penal Code. Accordingly they were sentenced to imprisonment for life with a fine of Rs. 5,000/- each. Although they had been sentenced with lesser punishments on other different counts, sentences were to run concurrently. All the five appellants have joined together in filing the present appeal, under S.374(2) of the Code of Criminal Procedure.

(2.) Balan, who is the deceased, had his residence at Panoor, and during December, 1999 he had the company of 4 persons from Alappuzha, who were his paying guests. Other members of his family were residing away, along with his mother inlaw. He was the Mandalam Treasurer of the BJP a political party. The prosecution case was that at 5.30 p.m. on 02-12-1999 Sri. Balan was attacked by the accused with axe and choppers resulting in his untimely death. Hearing about the commotion, persons including PW 1 and PW 5 had come to his residence and they had taken steps for hospitalisation through police help. It was a day of Harthal called by the BJP to protest the murder of one of their leaders, on the previous day. It appears that other attacks were also there, and the District Magistrate had issued prohibitory orders under S.144 of the Code of Criminal Procedure. The place was strewn with over one thousand police personnel.

(3.) Getting information from the hospital about the death of Balan, though he had come across with the brutality earlier, PW 1 had given First Information Statement at Panoor Police Station at 7.30 p.m. First Information Report had been recorded thereon. The inquest was completed on 03-12-1999 and a scene mahazar is also seen prepared. The Crime Branch (CID) had been directed by the Government to take over the investigation and the charge had been laid on the basis of the report submitted by them, which led to the trial.