STATE OF KERALA Vs. ANIL KUMAR AND OTHERS

JUDGEMENT

(1.) State is the appellant in the above matter. The above appeal was filed against the order of acquittal passed by the Second Additional Sessions Judge, Thiruvananthapuram in SC 410/1997. The accused persons were charge sheeted by the CBCID, Thiruvananthapuram in Crime No.1999/CR/1994 alleging offences under Section 120(b), 342 and 306 read with Section 34 of Indian Penal Code.

(2.) The case of the prosecution in nutshell was that Sajeesh Kumar was the son a PW1 and brother of PW3. Since accused Nos. 1 and 2 had some suspicion about the pregnancy of their sister CW13 and deceased Sajeesh Kumar was responsible for the same, they hatched conspiracy to make him to marry CW13 and for that purpose on 29.11.1993, at about 9am, from the arrack shop near Pamamcode Junction, accused Nos. 1 and 5 conspired to take the deceased and conduct marriage and if he was not amenable for the same to do away with him and on account of that conspiracy, on 2.12.1993 at about 7.am, 1st accused and PW8 took Sajeesh Kumar in a tempo car from Pamamcode Junction making him to believe that he was being taken to Kattakkada to stand as a surety for first accused and after reaching the house of the fourth accused in Ayiroorkonam, accused Nos. 1 to 4 wrongfully confined him near the house of fourth accused and threatened him and hired a taxi car with No.KEV 7796 driven by PW8 and thereafter they took the deceased accompanied by accused Nos.1 to 4 and CWs 10, 11, 13, 14 and PW8 and they reached Vellanadu Sub Registrars Office and with the help of PW9 scribe, they prepared a marriage agreement and got it executed by him and thereafter he was taken to the arrack shop of CW16 and given him liquor and thereafter produced him before the Sub Registrar and got the document registered against his will and thereafter went to a photo studio and took the photograph of deceased and CW13 and on account of that pressure tactics exerted on him by accused Nos.1 to 5 and falsely creating a marriage document against his will affecting his status, he consumed poison on 2.12.1993 at 5.00 pm near his house and he succumbed to the same on 5.12.1993 at 12.50 in the night and he committed suicide as abetted by accused Nos. 1 to 5 on account of the conspiracy and thereby all of them have committed offence punishable under Sections 120(B), 342, 306 read with 34 of Indian Penal Code.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-I, Neyyattinkara, where it was taken on file as CP24/1996. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Thiruvananthapuram, where it was taken on file as SC 410/1997. Thereafter the case was made over to Assistant Sessions Court, Neyyattinkara for disposal. Subsequently, Sessions Court transferred the case as per order in CMP (TP) 258/1998) dated 21.7.1998 to Second Additional Sessions Court, Thiruvananthapuram for disposal.