FAISAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 and 2 in S.C.No.532 of 2012 on the files of the Court of Session, Manjeri are the appellants in the appeal. Among them, the first accused is the son of the second accused. The third accused is the mother of the first accused. The appellants stand convicted for offences punishable under Ss. 302 and 201 of the Indian Penal Code (IPC).

(2.) The victim in the case is one Muhammedali. The pathway to the house of Mujeeb Rahman, the brother of the victim runs along the side of the residential property of the accused. There was a dispute between the family of the victim and the family of the accused over the right to use the said pathway. The occurrence which led to the death of the victim took place in front of the house of the accused in the said pathway at 6.30 p.m. on 7/1/2011. The case of the prosecution is that on the said day at about 5.00 p.m., when the father of the victim passed through the said pathway, accused 2 and 3 pelted stones on the father and when the victim and his younger brother questioned appellants about the said incident, the first accused caused the death of the victim as directed by the second accused by hacking on his left back with a chopper and that the accused caused disappearance of the evidence by washing the chopper and the bloodstained clothes worn by them at the time of occurrence. The allegation against the third accused is that it was she who abetted the appellants to commit the crime. The offences alleged against the accused were offences punishable under Ss. 302, 201 and 109 read with Sec. 34 of IPC.

(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 14 witnesses as PWs 1 to 14 and proved through them 19 documents as Exts.P1 to P19. Ext.D1 is a case diary statement and Ext.D2 is the remand report of the accused which were marked at the instance of the accused. MOs 1 to 6 are the material objects. When the incriminating evidence was put to the accused in terms of the provisions contained in Sec. 313 of the Code, they denied the same and pleaded that they are innocent. The Court of Session, on a consideration of the evidence on record, held that accused 1 and 2 are guilty of the offences for which they are charged, convicted and sentenced them to undergo imprisonment for life and fine for the offence punishable under Sec. 302 IPC and rigorous imprisonment for a period of 3 years and fine for the offence punishable under Sec. 201 IPC. The third accused was acquitted of the charges levelled against her. As noted, the accused are aggrieved by their conviction and sentence.