BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused, two in number, in S.C.No.400 of 2012 on the files of the Additional Sessions Court-III, Thrissur are the appellants in this appeal. They stand convicted and sentenced for the offences punishable under Ss. 302, 120B, 201 and 394 of the Indian Penal Code (IPC).

(2.) On 1/11/2011, a taxi bearing registration No.KL-08-AJ-6277 attached to a travel agency in Ernakulam, was booked for a journey from Ernakulam to Vadakara. The driver of the taxi was one Anoop. Despite the taxi being owned by Anoop, it was registered under the name of his father. As per the instructions of the travel agency, Anoop had to pick up the guests from a hotel at 3 a.m. on the said day. At about 10.30 a.m. on the same day, the Sub Inspector of Police, Manjeri, on receiving information that two persons are standing near a white Tavera car near Payyanad stadium under suspicious circumstances, went to the said place and found the accused with the car driven by Anoop under suspicious circumstances. The car was consequently seized and the accused were taken into custody. Later a crime was also registered by Manjeri Police on the basis of the information gathered from the accused. On a search conducted by Peechi Police based on the instructions of Manjeri Police, the dead body of Anoop was found in a forest area within their territorial jurisdiction on the evening of the same day itself. Since the dead body of Anoop was found in that area, the case was investigated by the Assistant Commissioner of Police, Thrissur, after transferring the same from Manjeri Police to Peechi Police. After investigation, a final report was filed against the accused alleging commission of the offences punishable under Ss. 302, 120B, 201, 394 and 397 read with Sec. 34 IPC. The accusation in the case is that in furtherance to a criminal conspiracy hatched between the accused, they hired the taxi, commenced the trip at about 3 a.m. on 1/11/2011 from Hotel Sangeetha at Ernakulam in which they were staying and when they reached the place called Pudukkad, at about 5 a.m. the second accused tied a towel around the neck of Anoop and the first accused stabbed Anoop to death. It was alleged that the accused thereupon abandoned the body of Anoop at a place called Perumthumba, a place near Kuthiran and committed theft of the taxi and his movables.

(3.) On the accused being committed to trial, the Court of Session framed charges against them to which they pleaded not guilty. Thereupon, the prosecution examined 48 witnesses as PW1 to 48 and proved through them 53 documents as Exts.P1 to P53. MOs 1 to 19 are the material objects in the case. When the incriminating evidence were put to the accused in terms of the provisions contained in Sec. 313 of the Code of Criminal Procedure (the Code), they denied the same and maintained that they are innocent. The Court of Session, after complying with the procedure prescribed, and after affording the accused an opportunity of hearing, held that the accused are guilty of the offences punishable under Ss. 302, 120B, 201 and 394 IPC and convicted them. The sentences imposed on the accused consequent on their conviction include imprisonment for life. The accused are aggrieved by their conviction and sentence in the case and hence this appeal.