SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the accused in S.C.No.588 of 2017 on the files of the Second Additional Sessions Court, Manjeri. Among them, the appellant in Crl.A.No.646 of 2022 is the first accused and the appellant in Crl.A.No.85 of 2021 is the second accused in the case. The appellants stand convicted and sentenced for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (IPC). They challenge in these appeals, their conviction and sentence in the said case.

(2.) The dead body of one Nazarathulla @ Cheriyappu was found lying in a pool of blood at about 8 a.m. on 30/8/2016 in the temporary shed of a granite trader in his business establishment located on the southern side of Calicut-Nilambur"Goodallur Road at the place called 'Kodathipadi'. The deceased was a person engaged in petty jobs and he used to sleep in public places in and around Kodathipadi at night. A crime was registered by Nilambur Police on the basis of the information furnished by the father-in-law of the deceased on 30/8/2016 and after investigation, a final report was filed against the accused alleging commission of the offence punishable under Sec. 302 read with Sec. 34 IPC.

(3.) The accused are also persons who were engaged in petty jobs. They used to work with the deceased as well. The accusation against them in the final report is that between 11 and 12 at night on 29/8/2016, in furtherance on their common intention to do away with the deceased, the accused caused his death by putting concrete blocks on his head.