KUNJUMUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No.4 of 2006 of the I Additional Sessions Court, Ernakulam, who stand convicted under Sections 323, 324, 341 and 302 IPC and sentenced to undergo imprisonment for one month each under Section 323 IPC, imprisonment for three months each under Section 324 IPC, imprisonment for 15 days each under Section 341 IPC; and imprisonment for life and to pay a fine of 25,000/- each, in default, imprisonment for three more months each under Section 302 IPC, have come up in appeal.

(2.) The case centres around the untimely death of an young man aged 22, named Azeez @ Azi. It is alleged that there were some disputes regarding the use of a portion of the courtyard of the deceased, by the accused for taking motorbikes to their house. The house of the deceased is situated in a rocky area and there is a huge flat rock in the nearest vicinity of the house of the deceased as well as A1 to A3, namely Pookkarappara. It is alleged that at the time of the marriage of PW12, who is the sister of A1 to A3, permission was sought for by A1 to A3 from the deceased to enable them to take vehicles to their house through the courtyard of the house of the deceased. Even after that, without any permission, they continued to take motorbikes through the courtyard of the house of the deceased, which act was questioned by the deceased. Even though the mother of the deceased, PW2 claimed value of the property for making it to be a pathway for the accused, the mother of A1 to A3 had refused to make any payment by stating in a teasing manner that the amount to be paid in such case would be a paltry amount. It is alleged that on 18.02.2004 at about 7 p.m, there had occurred a wordy altercation between the deceased on the one part and A1 to A3 on the other part, as the deceased had put some thorny materials that portion on his courtyard so as to prevent A1 to A3 from making use of that portion as a pathway.

(3.) It is the prosecution case that on account of the enmity of A1 to A3 towards the deceased, they decided to do away with the deceased for which they procured the assistance of their nephew A4 also. It is alleged that on 21.02.2004 at 9 p.m., while the deceased was going to the house of his sister, who is residing nearby, for giving back her torch, the accused, in furtherance of their common intention to do away with the deceased, attacked the deceased at Pookkarappara, by beating him with the leg of a cot, a wooden plank, and sticks which are identified as MOs.1 to 4. The deceased, with a view to escaping from the clutches of the accused, ran to the nearby property of PW3. He was chased by the accused, and there also he was subjected to severe beating, by which he collapsed. PW2, the mother of the deceased, on hearing the cries of the deceased, rushed to the spot and attempted to intervene. She was followed by PW1, who is the sister of the deceased, along with her child. When PW2 attempted to intervene to the rescue of her son, she was pushed down by A1. It is further alleged that A2 and A4 by using a lungi worn by A2, tied the hands of the deceased, and all the accused forcibly took him and carried him to the courtyard of the house of A1 to A3, wherein he was dumped on the ground. Thereafter, they continued to beat him. His condition became worse, and he became unconscious.