DILEEPKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The three appellants challenge in separate appeals their conviction and sentence by the judgment dated 23-12-1981 in S.C. No. 88/1981 of the Sessions Court, Trivandrum. The appellants were convicted under S.302 and 449 r/w. S.34 I.P.C. and sentenced to imprisonment for life for the former offence and rigorous imprisonment for 7 years for the latter both sentences being directed to run concurrently.

(2.) Stephen (A1) aged 24, Suresh Kumar (A2) aged 22 and Dileep Kumar (A3) aged 22 were tried for the murder of one Ravindran alias Revi. Stephen was charged for the substantive offence under S.302 I.P.C. while all the 3 accused were charged with the aid of S.34 I.P.C. for the offences under S.302 and 449 of the Penal Code.

(3.) The incident happened at midnight inside the house of Kamalakshi (P.W. 2) in a village by name Olathanni, 4 kilo metres away from Neyyattinkara Police Station. P.W. 2 a rich widow was living in the house, while her only daughter P.W. 1 is permanently residing at Trivandrum. The deceased Revi aged 22, a grand nephew of Kamalakshi's late husband had been living in the house for past several years as an employee and dependent. P.W. 3 Joy aged 13 a domestic servant also was staying with P.W. 2 besides a maid servant. Theft of valuables including cash and gold ornaments, occurred in the house of P.W. 2 on 2-5-1981. Revi was interrogated by the police in that connection.