SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Opinion rendered under Sec. 392 of the Crimial P.C. Two learned Judges of this Court, Mr. Justice K.T. Sankaran and Mr. Justice Babu Mathew P. Joseph, are equally divided in their opinion in rendering the judgment in this Appeal. Consequently, the matter has been placed before this Court under Sec. 392 Crimial P.C. through the order of the Honourable the Acting Chief Justice.

(2.) This Court has chosen to hear the appeal afresh. Heard both the learned Senior Counsel for the appellants Sri. M.K. Damodaran and Sri. B. Raman Pillai and also the learned Public Prosecutor in extenso.

(3.) Accused Nos.3 to 9 in Sessions Case No.115/2009 of the Sessions Court, Ernakulam, who stand convicted under Sections 143, 147, 148, 506(ii) and 302 Penal Code read with Sec. 149 of the Indian Penal Code, and each of whom stand sentenced to undergo rigorous imprisonment for six months under Sec. 143 IPC, rigorous imprisonment for one year under Sec. 147 IPC, rigorous imprisonment for 2 years under Sec. 148 IPC, rigorous imprisonment for three years under Sec. 506(ii) and imprisonment for life and to pay a fine of Rs. 25,000.00, in default, to undergo rigorous imprisonment for one year more under Sec. 302 IPC, have come up in appeal. Even though the facts have been narrated by the aforesaid two learned Judges, when this Court has opted to hear the matter afresh, this Court is narrating the facts in brief as below.