K.S. SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.70 of 2006 on the file of the Additional Sessions Court, Pathanamthitta are the appellants. Among them, accused Nos.1 and 2 are the appellants in Criminal Appeal No.2491 of 2009 and accused No.3 is the appellant in Crl.Appeal No.2605 of 2009. They were found guilty and convicted of the offences punishable under Sections 323 and 302 read with Section 34 of the Indian Penal Code, hereinafter, referred to as 'the IPC', for short. The sentence of imprisonment for life was imposed on the accused for the offence punishable under Section 302 of the IPC and simple imprisonment for a period of 6 months was imposed on them for the offence punishable under 323 of the IPC.

(2.) One Scaria died in an occurrence took place on 16.03.2004. Accused Nos. 2 and 3 are the younger brothers of Scaria and the first accused is the son of the second accused. The case of the prosecution is that on the relevant day, at about 06.00 a.m., while Scaria was going to the local police station to lodge a complaint, at a place near the house of the accused, the accused assaulted him and poured acid forcibly into his mouth. Scaria was taken first to the Taluk Hospital, Kanjirappally and then to the Medical college Hospital, Kottayam. According to the prosecution, Scaria died on the way to Medical College Hospital, Kottayam.

(3.) A case was registered in connection with the occurrence on the same day by Vechoochira police, on the basis of the information furnished by the son of the deceased. PW16 investigated the case and PW17 laid the final report, alleging commission of the offence punishable under Section 302, read with Section 34 of the IPC.