STATE OF KERALA Vs. JOSE @ SAJU

JUDGEMENT

(1.) Accused, 4 in number, were charged with offence punishable under S.498(A) and read with S.34 of the I. P. C. After trial, the learned Additional Assistant Sessions Judge, Kottayam convicted first accused for the offence under S.498 (A) of the I. P. C. and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- with a default clause to suffer simple imprisonment for 9 months. Accused 2 to 4 were acquitted under S.235(1) of the Code of Criminal Procedure. First accused challenged that decision before the Sessions Court, Kottayam by preferring Crl. Appeal No. 52/90. While that appeal was pending, State preferred Crl. Appeal 366/90 questioning the correctness of acquittal of all the accused for the offence under S.304(B). Thereupon this court withdrew Crl. Appeal 52/90 from the Sessions Court and renumbered the same as Crl. Appeal No. 73/92. Arguments were heard on these two appeals and we are disposing of them by this common judgment.

(2.) The prosecution version of the incident, in short, is as follows: -

(3.) P. W. 1, the brother of the deceased went to the police station and gave Ext. P1 First Information Statement to P. W. 16, the Assistant Sub Inspector of Police at 1.30 P. M. on the same day. On the basis of that, crime 398/88 of Palai Police Station was registered. The earlier part of the investigation was conducted by P. W. 17, the Deputy Superintendent of Police, Palai. Subsequently he entrusted the investigation with P. W. 18, the Sub Inspector of Police, Palai. He after completing the investigation laid the charge before court. On the side of the prosecution, P. Ws. 1 to 18 were examined, Exts. P1 to P20 were marked and M. Os. 1 to 3 were marked. On the side of the defence, D. Ws. 1 to 3 were examined, Exts. D1 to D3 and X1 proved.