N. NOUFAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the 2nd accused in S.C. No. 933 of 2014 on the files of the Court of Session, Thalassery. In the above case, he faced indictment for having committed offences punishable under Ss. 324, 326, 307 and 302 r/w. Sec. 34 of the IPC. By the impugned judgment dtd. 11/10/2019, he was found guilty of the offence under Sec. 302 of the IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000.00 with a default clause. He was also convicted and sentenced to undergo rigorous imprisonment for a period of three months for the offence under Sec. 324 of the IPC. The above finding of guilt, conviction and sentence is assailed in this appeal. Brief Statement of Facts:

(2.) O.T. Vineesh (deceased) and O.T. Vimal (PW14) were brothers. They were persons owing allegiance to the CPI (M) political party. The accused were allegedly members of the SDPI. According to the prosecution, the deceased, PW14 and their friends, which included PWs 2 and 4, were sitting in the R.V. Sudheesh Memorial Bus Shelter at Aryanbeth. On 13/5/2009, at about 10.00 p.m., the accused Nos. 1 and 2 reached the spot on a motorbike. The 1st accused was allegedly carrying a sword, and the 2nd accused was riding the bike. The 1st accused got down from the bike and exhorted the 2nd accused to kill the persons who were standing in the shelter. The 1st accused slashed the sword towards the deceased, which he managed to evade. PW14 intervened, and when he blocked, he sustained an injury on his left thumb. The deceased took to his heels. The accused followed him and inflicted a cut injury behind the left knee joint in the popliteal region. When they attempted to inflict further injury, PW14 and one Mohammed Kunhi intervened. The accused then fled the scene by riding away on their bike. While the accused were going back, they saw Jaleesh (PW3), and he was also attacked.

(3.) The local people who rushed to the spot took the injured in an autorickshaw to the AKG Hospital, Kannur. As the injuries sustained by Vineesh were serious, he was referred to the Baby Memorial Hospital, Kozhikode, where he was declared dead. Registration of Crime and Investigation