LAWS(KER)-2024-1-137

SANJAY EKNATH JADHAV Vs. STATE OF KERALA

Decided On January 30, 2024
Sanjay Eknath Jadhav Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal is filed by the accused in S.C. No. 283 of 2012 on the file of the Additional Sessions Judge-II, Thodupuzha challenging the conviction and sentence passed against him for the offences punishable under Ss. 302 and 394 r/w Sec. 34 IPC as per the impugned judgment dtd. 19/11/2014. The appellant herein was the original third accused and the case against him was split up from S.C. No. 246 of 2002.

(2.) The prosecution case is that the accused herein, along with 3 other accused persons, in furtherance of their common intention to commit murder and robbery, hired Tata Sumo vehicle bearing reg. No. KL 5E 6433 driven by the deceased Ashraf from the Municipal Taxi stand, Changanacherry on 23/8/2001 at 6.45 p.m. for a trip to Thodupuzha and while the deceased was driving the vehicle along with the accused persons as passengers and when the vehicle reached near Kuzhimattom, the accused persons attacked the driver with a knife and chain and murdered him. Thereafter, the accused persons abandoned the dead body on the side of the road and took the vehicle to their native place in Maharashtra and thereafter sold the vehicle there and thereby, committed the offences as aforesaid.

(3.) As per the judgment in S.C. No. 246 of 2002, accused Nos. 1 and 4 were found guilty of the offences punishable under Ss. 302 and 392 r/w Sec. 34 IPC and since accused Nos. 2 and 3 were absconding, the case against them was split up. Thereafter, when the accused herein was arrested and produced, this case has been re-filed against him.