PRAKASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are A3, A4 and A5 respectively in S.C.No.456 of 2001 of the Additional Sessions Court(Adhoc- II), Thrissur. The appellants along with A1, A2 and A6 to A11 faced the trial. A2 did not faced the trial and consequently the case against him was split up and refiled as S.C.No.254/2010. All the other accused except the appellants and A2, were acquitted.

(2.) The appellants along with the other accused were charge sheeted by the Circle Inspector of Police, Kunnamkulam in Crime No.154/1998 of the Kunnamkulam Police Station, for the offences punishable under Sections 397, 414 and 120(b) of the Indian Penal Code.

(3.) The prosecution case is as follows. On 8.3.1998 A1, A2 and A9 hatched a criminal conspiracy to commit Highway dacoity, for which, they assembled at the finance office of A1 and formed the aforesaid common object. PW1, as the driver, along with PW2 as the cleaner, were taking a lorry loaded of pepper from Sulthan Bathery to Kochi on 25.03.1998, by lorry bearing Reg.No.KL-12-5673. A1, A2 and A4 had allegedly followed the lorry by Tata Sierra car bearing Reg.No.KL-7Q-383 belonged to A1. A3 and A5 along with three other unidentified accused also came behind the lorry by a blue Maruti Car. When the lorry reached a place called Kanippayyur, which is one kilometer north to the Kunnamkulam Police Station, by 3 a.m. on 26.03.1998, swiftly, the persons in the blue Maruti car overtook the lorry and obstructed the lorry whereby PW1 stopped the lorry. An unidentified accused by name Sorab Singh came out of the blue Maruti car and came to the right side of the lorry and placed PW1 driver at gun point, by placing a revolver on the neck of PW1. A5 and three others also came out of the blue Maruti car and they came to the left side of the lorry and got into the cabin. The aforesaid Sorab Singh also got inside the cabin and all of them overpowered PW1 and PW2. Their hands, mouth and face were tied with the lungi worn by PW2 and dhothi worn by PW1 and they were thrown to the rear portion of the cabin. The said accused persons took control of the lorry and proceeded forward, piloted by the said Maruti 800 car as well as a Tata Sierra Car.