MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The third, second and first accused respectively in S.C. No. 341 of 2016 on the file of the Additional Sessions Judge-III, Mavelikkara filed the above appeals challenging the conviction and sentence imposed on them for the offences under Ss. 341, 326 and 302 r/w Sec. 34 IPC as per the impugned judgment dtd. 26/5/2017.

(2.) The prosecution case is that at about 6 p.m., on 18/2/2016, the first and third accused came to the petrol pump of the deceased Muraleedharan Nair in a motorcycle and quarrelled with the staff for asking them to wait in the queue and on hearing noise, PW1, who is the cousin brother of the deceased, came out from the office of the petrol pump and saw accused Nos. 1 and 3 leaving the petrol pump by uttering obscene words. PW3, the elder brother of the deceased and the Manager of the petrol pump was also there and he informed the first and third accused persons that petrol will be filled only in accordance with the queue and that petrol can be filled in the vehicle of the accused persons only after filling the vehicle of the lady who came there first and then the accused persons uttered obscene words against PW3 and by the time PW1 and the deceased came out of the office, the first and third accused left the place.

(3.) Subsequently, PW1 had gone out to meet his friend and then the first accused again came to the petrol pump alone by walking and questioned PW3 and other employees for not filling petrol in his bike when he came earlier and uttered obscene words against PW3 and other employees in the petrol pump. When the deceased came out of the office and enquired the matter, the first accused addressed him in obscene words, and when the deceased informed the first accused that he is the owner of the petrol pump and that he will call the police, if the accused makes any problem there, the first accused retorted that when the deceased come out, he will show the deceased as to who Boncho is and by saying so, the first accused went out from the petrol pump.