SHAFEEK Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from S.C. No.388 of 2012 on the files of the Court of the Additional Sessions Judge-III, Mavelikara. There were altogether four accused in the case. Among the appeals, Criminal Appeal No.304 of 2017 is preferred by the third accused, Criminal Appeal No.490 of 2017 is preferred by the second accused and Criminal Appeal No.665 of 2017 is preferred by the first accused. The fourth accused in the case was acquitted and the appellants stand convicted and sentenced for the offences punishable under Ss. 341 and 302 read with Sec. 34 of the Indian Penal Code (IPC).

(2.) The victim in the case is one Baiju. He suffered a stab injury at about 11.15 p.m on 9/12/2010. Though he was taken initially to KCM Hospital, Nooranad and then to CM Hospital, Pandalam and thereafter to Pushpagiri Medical College Hospital, Thiruvalla, he succumbed to the stab injury on the way to Pushpagiri Medical College Hospital at about 1 a.m. on the following day. A case was registered in connection with the occurrence by Nooranad Police at 8 a.m. on 10/12/2010 based on the information furnished by Shyju, the younger brother of the deceased and the investigation conducted in the case revealed that it was the accused who caused the death of the victim.

(3.) The case of the prosecution is that the accused, in furtherance of their common intention to commit murder of Baiju, trespassed into the courtyard of the house of the deceased at about 11.15 p.m. on the date of occurrence and knocked at the door of the house of Baiju. When Shyju came out of the house, the accused told Shyju that they want to talk to Baiju and when Baiju came out of the house accordingly, the accused led him out of the courtyard followed by which, accused 2 and 3 held Baiju from his back by his hands to prevent him from escaping their hold and the first accused inflicted a deep stab injury on the left side of his abdomen using a knife and thereupon, all of them fled away from the scene in a TATA Sumo vehicle bearing No.KL-29/4654. A few hours prior to the occurrence, Baiju questioned the first accused for having taken Shyju to a bar and caused the latter to drink liquor. The said occurrence ensued in an altercation and in the midst of which, Baiju allegedly caused hurt to the first accused by hitting him. The said occurrence is alleged to be the motive for the accused to cause the death of the victim.