SIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment dtd. 3/8/2019 of the Court of Additional Sessions Judge-III, Alappuzha in S.C.No.601/2016 convicting and sentencing accused Nos.1 to 5 for the offences under Ss. 143, 147, 148, 149, 120(B) and 302 of the Indian Penal Code, is under challenge in these appeals filed by the aforesaid accused.

(2.) Two youths by name Johnson and Justin, while they were travelling in the motorcycle with Reg.No.KL-32 D-9428, with Justin riding the vehicle and Johnson in the pillion seat, from South to North through Thykkal-Andhakaranazhi coastal road, were hit by a lorry with Reg.No.KL-02 AN 5563, from behind at about 6:15 p.m on 13/11/2015, near St.Peter's bus stop at the place called Chanthakkadavu, resulting in the fall of the above persons to the road and suffering fatal injuries. The offending lorry sped away towards the North without stopping. Though the above victims were taken to Taluk Headquarters Hospital, Cherthala shortly after the incident, they were declared dead by the Medical Officer who attended them.

(3.) PW1, the brother of deceased Johnson, was informed about the incident by a person by name Kunjumon at about 6:30 p.m on the same day. He immediately rushed to Taluk Headquarters Hospital, Cherthala and came to know about the death of his brother and the co-traveller. The local people who witnessed the incident, are said to have conveyed the information to PW1 that it was not an accident, but a deliberate act of dashing the lorry upon the motorcycle ridden by the victims. Those local people are also said to have informed PW1 that the accused Nos.1 and 2 and two other identifiable persons were there in the cabin of that lorry driven by the 3rd accused, and that the aforesaid lorry was found parked near the place of occurrence from noon onwards, obviously awaiting the arrival of the victims who were engaged in masonry work in a nearby house. It is stated that accused Nos.1 and 2 nurtured bitter enmity with deceased Johnson in connection with earlier issues in between them, and that the incident involved in this case was the outcome of a conspiracy hatched by accused Nos.1 and 2 with the other accused to eliminate Johnson.