SATHEESHKUMAR Vs. CBI

JUDGEMENT

(1.) The appeal is by the second accused in S.C. No.1242 of 2011 on the files of the Court of the Special Judge (CBI), Thiruvananthapuram. There were 14 accused in the case and after the trial, the fourteenth accused was acquitted and accused 1 to 13 were convicted and sentenced for the offences for which they were charged. Among them, the appellant was convicted and sentenced for the offences punishable under Ss. 144, 148 and 302 of the Indian Penal Code (IPC) and Ss. 143, 147, 341, 323, 324, 326 and 506 Part II read with Sec. 149 IPC.

(2.) The case relates to the alleged murder of one Paul M.George. He succumbed to the stab injuries suffered on the back side of his trunk on the early hours of 22/8/2009 at a place called ' Ponga' on the Pallathuruthy-Perunna Road in Alappuzha District. A case was registered in connection with the occurrence by Nedumudy Police based on the information furnished by one Shibu Thomas, the driver of the deceased. The investigation in the case was initially conducted by the local police and later by a Special Investigation Team of the State Police. After investigation, a final report was filed by the Special Investigation Team against 25 accused including the appellant alleging commission of various offences. Later, at the intervention of this Court, Central Bureau of Investigation (CBI) conducted further investigation in the case and filed two separate final reports, one in respect of the criminal conspiracy hatched among the accused to attack one Kurangu Nissar and others, and the second final report in respect of the murder of Paul M.George. The present appeal arises from the proceedings initiated on the second final report filed in respect of the said murder.

(3.) The allegations in the final report filed by the CBI against the accused in general, and against the appellant in particular, are the following: