VIJAYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE 1st accused in S.C. No.490/2007 of the IVth Additional Sessions Court (Adhoc -II), Thodupuzha is the appellant in Criminal Appeal No.983/2012. The 2nd accused in the said case is the appellant in Criminal Appeal No.748/2012 and the 4th accused in the case is the appellant in Criminal Appeal No.745/2012. Altogether 5 accused persons were indicted by PW21 alleging offences punishable under Sections 120B, 364, 342, 302 and 324 read with Section 34 IPC. The 5th accused being a juvenile, was dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The 3rd accused absconded and the case against him was not committed. A1, A2 and A4 had faced trial. The court below found them guilty of the offences punishable under Sections 302, 342, 324 and 364 IPC and sentenced each of them, to imprisonment for life and pay a fine of Rs.25,000/ -, in default, to undergo rigorous imprisonment for one year each under Section 302 IPC, rigorous imprisonment for one year under Section 342 IPC, rigorous imprisonment for one year under Section 324 IPC, and rigorous imprisonment for two years and pay a fine of 5,000/ - each, in default, to undergo rigorous imprisonment for six months each under Section 364 IPC.

(2.) THE prosecution case is that the sister of the deceased namely, Mari, was given in marriage to one Gireesh, who is the brother of A3. Allegedly on account of the tortures from the hands of Gireesh, Mari committed suicide. Consequently, a criminal case was registered and the said Gireesh and his parents were remanded to judicial custody. A1, A2 and A4 herein along with A3, allegedly helped Gireesh and his family to get bail in the said case. Subsequently, the said Gireesh also committed suicide. It is alleged that there was enmity between A1 and others towards the deceased and vice -versa. The prosecution case is that on 21.11.2004 at 8.15 p.m., while the deceased was coming back to his house through the pathway lying in front of the courtyard of the house of the appellants, the appellants dragged him to the courtyard and severely beat him by using iron rod and sticks. Thereafter, they dragged him into the hall room, and then to the kitchen of the house of these appellants.

(3.) ON the basis of Ext.P14(a) F.I.Statement furnished by CW1 before PW18, ASI of Police, Murickassery Police Station, PW18 registered the crime through Ext.P14 FIR. The investigation was taken over by PW23. He reached the Medical College Hospital, Kottayam, conducted the inquest, and prepared Ext.P13 inquest report. Thereafter, at 10.30 a.m. on 23.11.2004, he reached the scene of occurrence and prepared Ext.P5 scene mahazar, by which he seized MO12, MO13, MO14, MO15, MO16, MO17 and MO18, and collected blood and bloodstained soil.