JAGADY Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeals arise from S.C.No.323 of 2013 on the files of the Court of the Additional Sessions Judge for the Trial of Cases Relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram. The first accused in the case absconded after the committal proceedings and the remaining accused namely accused 2 to 4 faced the trial. The Court convicted the second accused and acquitted accused 3 and 4. Criminal Appeal No.611 of 2017 is preferred by the second accused challenging his conviction and sentence in the case and Criminal Appeal No.1233 of 2018 is preferred by the State challenging the acquittal of accused 3 and 4.

(2.) On 14/12/2008 at about 8.00 p.m., a 16 year old boy was hacked multiple times with a sword at his house while preparing for his classes, by a stranger who came under the pretext of assigning a wiring job to his father, who is an electrician by profession. The assailant came with another person and they fled after the occurrence on a motorcycle ridden by another person who was waiting for them by the motorcycle outside the house. Although a case was registered on the following day in connection with the occurrence, the police could not unravel the mystery behind the attack. After about three years, the victim saw the assailant and his ally in front of a sawmill. The matter was immediately reported to the police and the police in turn apprehended the assailant and his ally, restored the investigation in the case which had been halted in the meanwhile and submitted the final report alleging commission of offences punishable under Ss. 452, 324, 326, 307 and 120B read with Sec. 34 of the Indian Penal Code (IPC) and Sec. 27 of the Arms Act.

(3.) The accusation in the case is that the fourth accused harboured enmity towards the father of the victim as he believed that the father of the victim caused destruction of the chicks in his poultry farm through black magic; that the fourth accused hatched a criminal conspiracy with accused 1 to 3 on account of the said reason to cause the death of the victim and hired accused 1 to 3 for the said purpose for a price and in furtherance of the conspiracy, accused 1 and 2 went to the house of the victim at about 8.00 p.m. on 14/12/2008 in a motorcycle ridden by the third accused and the first accused thereupon hacked the victim repeatedly, with a sword concealed by him behind his back inside his shirt.