RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Three persons were prosecuted for the offences punishable under Ss. 341, 323, 302, 307 and 201 read with Sec. 34 of IPC. All of them were found guilty and convicted for the offences punishable under Sec. 302 read with Sec. 34, Sec. 324 read with Sec. 34, Sec. 323 read with Sec. 34 and Sec. 341 read with Sec. 34 of IPC. They were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,00,000/ -each with a default clause of rigorous imprisonment for two years under Sec. 302 read with Sec. 34 of IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/ - each with a default clause of rigorous imprisonment for six months under Sec. 324 read with Sec. 34 of IPC and sentenced to pay a fine of Rs. 1,000/ - each with a default clause of rigorous imprisonment for three months under Sec. 323 read with Sec. 34 of IPC and also sentenced to pay a fine of Rs. 500/ - each with a default clause of rigorous imprisonment for three months under Sec. 341 read with Sec. 34 of IPC. The second accused is also sentenced to undergo rigorous imprisonment for five more years and to pay a fine of Rs. 50,000/ - with a default clause of rigorous imprisonment for two more years under Sec. 201 of IPC.

(2.) Rajan and Ravi are brothers and neighbours. The deceased Sajeevkumar is the uncle of Sandeep, who is the son of Rajan. Praveen, the 2nd accused who is the son of Ravi who is the first accused and Baby, the third accused is the family friend of Ravi. It seems that there was a dispute pending between Ravi and Rajan with regard to a pathway which led to the house of Ravi. On the date of incident, it appears that the fencing on the pathway was tampered with. It seems that the third accused had intervened in the matter.

(3.) On the day of incident, going by the prosecution version, PW2 was returning home with his autorickshaw after the days work. When he reached the canal bund where the people of the locality used to take bath, he found Sajeevkumar and Sandeep standing there. He got down from his autorickshaw and moved towards them. He happened to hear Sajeevkumar talking to the second accused over mobile phone. Soon thereafter, he happened to see the second accused coming along and while the second accused and Sajeevkumar were engaged in conversation, the first and the third accused also reached the place. While PW2 was speaking over his phone, he heard loud noise from behind and found that the assailants, the deceased and the injured were engaged in exchange of words. There was also a mutual push and pull. PW2 claims that he intervened and tried to pacify both the groups. The commotion was so fierce that the people of the neighbourhood gathered at the place. The scuffle and exchange of words continued. When PW2 managed to find his slippers and tried to move away from the place, he heard a cry "iyyo" from Sajeevkumar and he found blood oozing out from the chest of the said Sajeevkumar. He also found the second accused holding a knife. In the meanwhile, Sandeep had also suffered a stab injury. He and Sibi, PW4 tried to remove the injured to the hospital in the autorickshaw belonged to PW2, but they were unsuccessful in doing so. By that time, one Shibu had brought an Omni Van and the injured were transferred into the said van. While they were on the way, when they passed Thycavupadi and were going along the canal bund road, by about 8.30 Sajeevkumar breathed his last. On reaching Kothamangalam Baselious Hospital, the doctor examined him and pronounced him dead. After examining the injured, namely, PW1, he was sent for better management to another hospital. PW2 laid Ext. P1, First Information Statement. PW13 recorded the same and registered crime as per Ext. P10 FIR. PW14 took over investigation as he was the Circle Inspector of Perumbavoor Police Station within whose jurisdiction the offence had taken place. On 11.12.2009, he conducted inquest over the body of Sajeevkumar and prepared Ext. P2 report. He then visited the place of occurrence and prepared the scene mahazar. He had the place of occurrence examined by a scientific expert also. He recorded the statements of witnesses available at the place and collected the mobile number of all the persons. He happened to gather information that after the incident, the first and the third accused had escaped in a vehicle. On tracing the vehicle, he was able to arrest the first and the third accused immediately and they were brought to the Station. The second accused was apprehended from Chalakkudy and brought to the Station. After having conducted the inquest over the body of the deceased, it was sent for autopsy by PW14. PW6 conducted autopsy and furnished Ext. P3 report. PW14 had the clothes worn by the second accused and knife used by him seized as per the relevant mahazars and also had seized the clothes worn by the third accused as per another mahazar. He thereafter filed a report to the court seeking to incorporate Ss. 341, 323 and 201 read with Sec. 34 of IPC. He had the materials collected during investigation sent for chemical examination. His successor -in -office, PW15 who took over the investigation, prepared the forwarding note namely, Ext. P28, had the site plan prepared and obtained the Chemical Analysis Report, namely, Ext. P29. He completed investigation and laid charge before court.