GOPALAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from S.C.No.134 of 2010 on the files of the Court of the Additional Sessions Judge ' V, Thiruvananthapuram. There are two accused in the case and they stand convicted and sentenced for the offences punishable under Ss. 294(b), 341, 307 and 302 read with Sec. 34 of the Indian Penal Code (IPC). Among the appeals, Crl.Appeal No.976 of 2019 is preferred by the first accused and Crl.Appeal No.199 of 2019 is preferred by the second accused.

(2.) The accused were persons residing in the neighbourhood of the house of the victims namely, Shaji who died in the occurrence which is the subject matter of the case and the wife of Shaji namely, Jayasree who suffered serious injuries in the occurrence. The genesis of the occurrence is that Shaji directed a few youngsters who were sitting in a car which was parked in front of his house to remove the same owing to their conduct in passing comments at people walking by in front of his house. At about 10.30 p.m. on 27/3/2009, there occurred an altercation in front of the house of Shaji over the objection raised by Shaji as mentioned above and it is in that altercation, Shaji and his wife suffered serious injuries. Although Shaji and his wife were taken immediately by the neighbours to Sree Gokulam Medical College Hospital, Thiruvananthapuram, by the time they reached the said hospital, Shaji passed away.

(3.) A case was registered against the accused at 6 a.m. on the following day by Kilimanoor Police in connection with the occurrence under Ss. 294(b), 341, 307 and 302 read with Sec. 34 IPC based on information furnished by Jayasree at the hospital where she was undergoing treatment at 4.30 a.m. on that day. In the investigation conducted in the said case, it was revealed that at about 10.30 p.m. on 27/3/2009, the first accused came in front of the house of the victims and started abusing them using filthy language and when Shaji came out of the house hearing the said abuse and enquired with the first accused the reason for the same, the first accused stabbed him as also his wife multiple times with a foldable knife, with the support and protection of the second accused.