PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) In these two appeals filed under Sec. 374(2) of the Code of Criminal Procedure [for brevity, 'Cr.P.C'] the appellants, who are accused Nos.1 to 3 in SC No.1017/2013 on the file of Additional Sessions Court, Irinjalakkuda, assail the impugned judgment whereby they were convicted and sentenced to suffer imprisonment for life and fine for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code [for brevity, 'IPC'].

(2.) Crl.A No.127/2017 is the appeal preferred by A1 and A2. Crl.A.No.117/2017 is the appeal by A3. As both these appeals arise from the very same judgment, appeals are disposed of by this common judgment.

(3.) Prosecution case in brief is as follows:- Victim in this case is one Jayaraj @ Rajesh @ Aliyan Rajesh. PW18 Geetha is his wife and she is the sister of A1 Babu. There was marital discord between the victim and his wife and the victim was not looking after the affairs of his wife and children and on account of the same, A1 who is the brother of PW18 had enmity towards the victim. Due to the said enmity, on 27/11/2011 at around 8.30 pm., while the victim along with his friends were consuming liquor in a house which was under construction situated at Nirmithi Colony at Porathissery, A1 along with A2 and A3 who are the relatives of A1 with intent to commit murder attacked the victim with chopper and caused fatal injuries. It is alleged by the prosecution that on 5/5/2012 the victim died due to the injuries sustained in the said incident. The accused thereby committed the offence under Sec. 302 IPC.