JERIN MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.505 of 2016 on the files of the Additional Sessions Court-II, Manjeri are the appellants in the appeals. Among them, the appellant in Crl.A.No.1307 of 2018 is the first accused and the appellant in Crl.A.No.870 of 2019 is the second accused. They stand convicted for the offences punishable under Ss. 302, and 201 and 404 read with Sec. 34 of the Indian Penal Code (IPC).

(2.) The first accused is a lorry driver. The second accused is a friend of the first accused. The case relates to the death of one Siji Thomas which allegedly took place on 7/9/2015. Siji Thomas who was known to the first accused, was also a lorry driver employed in an establishment called 'M/s. Transglobal Cargo Movers' . Siji Thomas was driving a lorry bearing No.KL 54C 8908 as entrusted to him by his employer.

(3.) One Roy, the husband of the sister of Siji Thomas lodged a complaint before Malappuram Police on 11/9/2015 alleging that Siji Thomas is missing from 7/9/2015. A case was registered on the said complaint on 11/9/2015 for man missing. The investigation conducted in the said case thereupon revealed that Siji Thomas was murdered by the accused to take possession of the lorry held by him. A final report was consequently filed in the case disclosing commission of offences punishable under Ss. 302, 404 and 201 read with Sec. 34 IPC.