MANOJ @ PAMBU MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) These Crl. Appeals arise from the judgment dtd. 14/5/2019 of the Additional Special Judge-IV, Kollam in S.C.No.1524 of 2018, whereby, the trial judge found the appellants, who were arrayed as accused nos.1 to 7 in the proceedings before it, guilty for offences punishable under Ss. 120B, 364, 342, 201 and 302 read with Sec. 34 of the Indian Penal Code [hereinafter referred to as the "IPC"]. The appellants were therefore sentenced to undergo rigorous imprisonment for 10 years each under Sec. 120B of the IPC; rigorous imprisonment for 5 years each under Sec. 364 of the IPC; rigorous imprisonment for 5 years each under Sec. 201 of the IPC; rigorous imprisonment for 1 year each under under Sec. 342 of the IPC and imprisonment for life and to pay a fine of Rs.1,00,000.00 each, in default, simple imprisonment for one more year under Sec. 302 of the IPC. It was further stipulated that if the fine amount was realised, a sum of Rs.2,00,000.00 each would be paid to the parents of the deceased victim and Rs.2,00,000.00 paid to PW1, the wife of the deceased, as compensation under Sec. 357(1) of the Code of Criminal Procedure. The sentences are to run concurrently, and it is further clarified that the appellants/accused, cannot be released on remission without undergoing a minimum imprisonment of 25 years.

(2.) The prosecution case in brief is that the deceased Renjith Johnson was a friend of the 1st accused. PW1 Jessy was the former wife of the 1st accused. She eloped with Renjith Johnson and they were residing together. The 1st accused asked PW1 to return and join with him and the children. But she refused to return and there was frequent quarrel between Renjith Johnson and the 1" accused. The 1st accused had enmity towards Renjith Johnson due to the illicit relationship with his wife and he decided to murder Renjith Johnson. From 2/8/2018 to 16/8/2018, he conspired with accused nos.2 to 8 at the house of CW27 at Mayyanadu and the house of accused nos.4 and 6. They assembled near the pond situated at Paramkimamvila Madathil and they had frequent telephone calls in consequence of their conspiracy and their decision to murder Renjith Johnson. The 1st accused sent accused no.5 to the house of Renjith Johnson and he developed a friendship with him. He telephoned Renjith Johnson from his telephone No.9544530363 to the telephone No.9633442891 on 14/8/2018 and 15/8/2018 and ensured the presence of Renjith Johnson. On 14/8/2018, accused no.7 hired a Chevrolet Beat Car bearing Regn. No.KL-07-BW-1517 from CW16 and on 15/8/2018, accused no.6 telephoned CW7 to ensure the presence of Renjith Johnson. Accused no.5 also telephoned Renjith Johnson to ensure his presence. Accused nos.2 to 5 came to the house of Renjith Johnson at Ayyarumukku near Decent Junction in the hired Beat Car bearing Regn. No.KL-07-BW-1517. Accused no.4 waited inside the car in the driver's seat. Accused nos.2, 3 and 5 went to the terrace of the house of Renjith Johnson under the pretext of purchasing pet birds. Thereafter, accused no.3 returned to the car. Accused nos.2 and 5 offered liquor to Renjith Johnson and assured that the liquor is inside the car. On 15/8/2018 at 3.30 p.m, they managed to bring Renjith Johnson to the car. He was sitting in between accused nos.2 and 5 on the back seat. Accused no.4 was driving the car. When Renjith Johnson came to understand about the danger, accused nos.2, 3 and 5 wrongfully confined him and when he tried to escape, they raised the sound of the stereo inside the car. They took Renjith Johnson to Polachira near Meenadu and accused nos.2 to 5 manhandled him by hitting on his body. Accused no.2 took a knife and hit on the back of head of Renjith Johnson. They undressed Renjith Johnson and torn the lungi. Accused nos.2 to 5 tied his legs with the torn lungi and put him on the platform of the car. Accused no.4 telephoned 1st accused and he came with accused nos.7 and 8 and consumed toddy from the Toddy Shop of CW11 and the 8th accused had driven his motorcycle bearing Regn. No.KL-2-J-7647 to Polachira. Accused no.7 also brought accused no.6 to Polachira in his motorcycle. Thereafter, on 15/8/2018 at 5.30 p.m, the 1st accused with the help of accused nos.2 to 8 dragged Renjith Johnson from the car and stamped on his ribs, head and neck. Accused nos.2 to 8 stamped him and accused no.5 beat him with a stick. Accused nos.1 to 4 beat Renjith Johnson on different parts of his body. Due to the assault Renjith Johnson sustained fracture of neck and ribs and he succumbed to the injuries at Polachira. Thereafter, they found that the small Chevrolet Beat car bearing Regn. No.KL-07-BW-1517 is not sufficient to take the dead body and accused no.1 directed accused nos.6 to 8 to bring another car. They took the dead body in the Beat Car bearing Regn. No.KL-07-BW- 1517 and reached at Poothakkulam and purchased a nylon rope from the shop of CW15 and accused nos.1 to 5 reached the Hardware Shop of CW12 at Parippally and purchased two spades and a pickaxe. Thereafter, they reached at Nedungolam. In the meanwhile, accused no.7 hired an Etios Car bearing Regn. No.KL-02-AP-3829 from CW24 and on the same night at about 10 p.m, he brought the car to Nedungolam. Thereafter, accused nos.1 to 5 and accused no.7 removed the dead body from the Beat Car to the Etios Car and put the dead body along with the T-shirt in the dicky of the car. Thereafter, accused nos.1 to 5 had taken the Etios Car bearing Regn. No.KL-02-AP-3829 to Tamil Nadu with an intention to bury the dead body of Renjith Johnson. On 16/8/2018 at about 6 p.m, they reached Samathuvapuram situated at Palayamkottai Taluk, Tharuvai Village. They took a pit and put the dead body of Renjith Johnson using the spade and pickaxe. They covered the dead body with the soil and returned and took another pit and put the pickaxe, nylon rope and spades in that pit. Thereafter, accused no.2 had thrown the T-shirt and the damaged portion of the car to an abandoned place at 4 km north of Salaipudhur Toll Plaza. The entire incident was narrated to accused nos.6 and 7 by the 2nd accused by telephoning them. It is alleged that it was in pursuance of a conspiracy hatched between them the accused murdered Renjith Johnson and destroyed the evidence.

(3.) The F.I. Statement was given by PW3 Treesa Johnson, the mother of Renjith Johnson who gave the statement on 20/8/2018 at the Kilikolloor Police Station. Based on the said information, an FIR was registered and the investigation commenced. In the course of the investigation, all the accused were arrested and based on the evidence collected by the Investigating Agency, the final report was laid before the Judicial First Class Magistrate -I, Kollam.