GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) These Criminal Appeal were filed by accused 1, 2 and 5 involved in Sessions Case No.76/2010 on the file of the Sessions Judge-III, Manjeri, against the judgment dtd. 27/2/2017 convicting them for offences punishable under Ss. 341, 323 and 302 r/w Sec. 34 of IPC. Altogether there are 5 accused persons in the case. During the course of the trial, the 3rd accused died and hence charge against him abated. The 4th accused absconded and hence the case against him was split up.

(2.) The prosecution case is that on 21/3/2009 at about 7.30 p.m., the accused persons 1 to 5 along with deceased Sainul Abideen were engaged in playing cards for money. During the course of the play, Sainul Abideen who was the master of the game removed some cards from a total 40 cards and thereby resorted to foul play. When his above conduct was questioned by the accused persons, he kicked the 1st accused. Infuriated by his above conduct, the accused persons 4 and 5 wrongfully restrained him, accused persons 2 and 3 voluntarily caused hurt to him by using their hands and legs and the 1st accused stabbed him on the chest, back of the chest and also on his left thigh using a file (?? ) and as a result of the severity of the injuries, he died.

(3.) The evidence in the case consists of the oral testimonies of PWs1 to 23 and Exts.P1 to P40. MOs1 to 29 were marked. On the side of the accused persons 1, 2 and 5, DW1 was examined and Exts.D1 to D3 marked. After appreciating the available evidence, the trial court found the accused 1, 2 and 5 guilty of the offence punishable under Ss. 341, 323 and 302 of IPC.