RANGANNA Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeals arise from S.C.No.583 of 2017 on the files of the Court of the Additional Sessions Judge-III, Kasaragod. Among the appeals, Crl.A.No.1530 of 2019 is preferred by the third accused and Crl.A.No.14 of 2021 is preferred by the second accused in the case.

(2.) The victim in the case is one Mansoor Ali. His body was found in a deserted well at a place called Kallakkatta at 6 p.m. on 25/1/2017. On getting information about the same, police made arrangements to lift the body with the help of the Fire Force, and on lifting the body, on being unsure whether he was alive, the body was moved to the local Community Health Centre and he was found dead on examination there. A case was registered initially by the police under Sec. 174 of the Code of Criminal Procedure (the Code) after recording the statement of one Muhammed Zakkariya. Later, having found that the death was a homicide, the case was transferred to the jurisdictional police and investigated. The investigation revealed that the victim was murdered by accused 1 and 2. It was also revealed that the third accused harboured and screened the offenders. Accordingly, final report was filed alleging commission of offences punishable under Ss. 302, 397, 212 and 213 of the Indian Penal Code (IPC).

(3.) The accusation in the case is that the second accused contacted the deceased who was engaged in the business of purchase and sale of gold ornaments under the pretence that second accused intends to sell gold ornaments to deceased and thereby caused the deceased to come to the place called 'Bayarpadavu'. When the deceased reached Bayarpadavu at about 12.50 p.m. on 25/1/2017, accused 1 and 2 took him to Kallakkatta in the vehicle of the first accused bearing registration No.KL-14-D-5524 and at about 1.30 p.m., they caused his death by hitting him on his head using the metallic leaf plates carried by them and robbed thereupon, a sum of Rs.2,40,000.00 carried by him and also his other belongings and thereby committed the offences punishable under Ss. 302 and 397 IPC. It is also the accusation in the case that later, with a view to screen the second accused from punishment, the third accused concealed a part of the robbed amount and the mobile phone of the deceased, and thereby committed the offences punishable under Ss. 212 and 213 of IPC.