V.C. THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, learned senior counsel Sri K. Gopalakrishna Kurup for the second respondent and learned Public Prosecutor.

(2.) This appeal is directed against the judgment of Additional Sessions Judge (Ad hoc I), Kottayam in S.C. No. 290/2009. By the impugned judgment, the trial court found the appellants guilty under Sections 450, 395, 367 and 323 read with Section 34 I.P.C. and convicted them accordingly. Appellants 1 to 12 were sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 5,000 each under Section 395 I.P.C., rigorous imprisonment for five years and a fine of Rs. 5,000 each under Section 367 I.P.C. and rigorous imprisonment for three years and a fine of Rs. 5,000 each under Section 450 I.P.C. and imprisonment for a period of three months for the offence under Section 323 I.P.C.

(3.) The prosecution case is that the first accused and P.W. 1 who are husband and wife and were residing together along with the mother of P.W. 1, i.e. C.W. 2 at Thalapalam in House No. TP IV/339. The first accused had decided to sell the house and property, ignoring the objections of C.Ws. 1 and 2 as they have no other house, and first accused, in furtherance of the above intention, engaged accused 2 and 3 as brokers for sale of the property and on 31-8-2007, the first accused sold the house and property where C.Ws. 1 and 2 were residing, to the fourth accused for an amount of Rupees fifty one lakh and since C.Ws. 1 and 2 refused to move out of the house after the sale, accused Nos. 1 to 4 had engaged accused Nos. 5 to 12 for forcefully evicting C.Ws. 1 and 2 for a sum of Rs. 15,000 to be paid to accused Nos. 5 to 12 and in furtherance of the above agreement, accused Nos. 1 to 12 had travelled in the Tata Sumo vehicles belonging to eighth and ninth accused (KL-5P 3068 and KL-12/b 4008) on 1-9-2007 at about 12.30 in the noon and reached the house and accused Nos. 1, 2, 3 and 5 had broke opened the front door of the house and entered into the house and accused Nos. 1 and 2 had voluntarily caused hurt to C.Ws. 1 and 2 by beating with hand and kicking with legs and thereafter the accused in this case had forcefully brought out C.Ws. 1 and 2 from inside the house and in the meanwhile accused Nos. 9, 10, 11 and 12 entered into the house and committed dacoity and extortion by taking away the bag belonging to C.W. 1 containing gold chains, Rs. 30,000, dollar, mobile phone and key of lockers. Thereafter accused Nos. 1 and 5 to 8 had together forcefully took C.Ws. 1 and 2 in Car KL-5P 3068 driven by 8th accused towards Vezhanganam and while on travelling in the Sumo vehicle, the fifth accused had forcefully put waste cloths into the mouth of C.W. 1 and 6th accused pushed waste cloth to the mouth of C.W. 2 to avoid crying and they also committed dacoity by forcefully snatching the gold chain worn by C.Ws. 1 and 2 and thereafter abandoned C.Ws. 1 and 2 on the roadside at Vezhanganam and since all the accused were acting with the common intention and accused 1 to 4 had abetted the commission of offences by accused 5 to 12, all accused are commonly liable for offences alleged above.