SAIDU MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment dtd. 30/11/2017 of the Additional Sessions Judge-III, Manjeri convicting and sentencing the appellants under Ss. 448, 323 and 302 I.P.C, is under challenge in this appeal. As per the above judgment, the appellants, who were accused Nos.1 and 2 were sentenced to life imprisonment and fine of Rs.50,000.00 under Sec. 302 of the IPC, simple imprisonment for one month and fine of Rs.1,000.00 each under Sec. 323 of the IPC and simple imprisonment for one month and fine of Rs.1,000.00 each under Sec. 448 of the IPC.

(2.) The prosecution case is summarized as follows:

(3.) PW1, an eye witness to the incident, tendered Ext.P1 First Information Statement to the Station House Officer of Tanur Police Station at 3.10 pm on 16/4/2014. The above statement was recorded with the help of an interpreter and Ext.P8 FIR was registered by PW15, the Station House Officer in charge of that Police Station, under Ss. 307, and 323 IPC read with Sec. 34 IPC. Thereafter, PW16, the Inspector of Police, Tanur took over the investigation on 17/4/2014 and initiated the usual procedures, as required by law. PW16 visited the scene of crime and prepared Exts.P3 and P9 scene mahazars and took MO1 to MO7 material objects into custody. The Investigating Officer also availed the assistance of the Scientific Assistant attached to the Regional Forensic Science Laboratory for taking the samples of material objects from the scene of crime. He moved the necessary applications before the Jurisdictional Magistrate for forwarding the samples collected for scientific analysis. In the meanwhile, the victim succumbed to the injuries on 21/4/2024. The inquest and autopsy of the body of the deceased were promptly done. Accused Nos.1 to 3 were arrested on 24/4/2014 and remanded to judicial custody. At the request of the Investigating Officer a test identification parade of the accused was conducted on 7/5/2014 by the Judicial Magistrate of the First Class, Ponnanni. In the above test identification parade, PW2 identified accused Nos.1 to 3. After the completion of the investigation, PW20, the Inspector of Police, Tanur laid the Final Report before the learned Magistrate.