PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in S.C.No.382 of 2014 on the files of the Sessions Court, Palakkad who stands convicted and sentenced for the offences punishable under Ss. 120B, 201, 302 and 397 read with Sec. 34 of Indian Penal Code, 1860 (IPC) is the appellant in this appeal.

(2.) One Raghu @ Kannan was a taxi driver operating from Chelakkara. The dead body of Raghu was found in a mutilated state in Thirunellayi River on the morning of 7/12/2012. A crime was registered by Palakkad Town South Police on receiving the said information and it was revealed from the investigation that ensued that Raghu was murdered in furtherance of a conspiracy. A final report was consequently filed in the case against nine accused who were found responsible for the murder and incidental offences.

(3.) The accusation against the accused in the final report is that accused 1 to 8 hatched a conspiracy to rob a luxury car and then rob persons transporting smuggled gold making use of the robbed luxury car; that in furtherance to the said conspiracy, accused 1 to 4 managed to obtain, on hire basis, the Tavera Car owned and driven by Raghu and boarded the same in the pretext of going on a trip to Ooty; that en-route, at about 11.50 p.m., the first accused attempted to inject cyanide into Raghu and when the said attempt failed, the first accused with the help of accused 2, 3 and 4 stabbed on the neck of Raghu with a knife causing a fatal injury and that later, the second accused slashed the neck of Raghu and accused 3 and 4 hit him using a stone to ensure his death. It is also the accusation in the case that after ensuring the death of Raghu, the accused disposed the body in Thirunellayi River. The accusation against accused 5 to 8 is that they having knowledge about the plot to commit such a criminal act, facilitated the act by concealing the same. The accusation against the ninth accused is that he harboured the first accused despite having the knowledge about the offence he had committed.