KORANGAPPA RAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE appeals arise out of the judgment of the learned Additional Sessions Judge of Tellicherry in Sessions Case 18 of 1965.There were six accused in the case.Accused 1 and 2 were charged for the offence of murder punishable under section 302 read with section 34 I.P.C .,and accused 3 to 6 were charged for the offence of abetment of the said murder,offence punishable under section 302 read with section 109 I.P.C.There was the further charge of criminal conspiracy under section 120 -B I.P.C .,against all the accused.

(2.) THE prosecution case was that in pursuance of the conspiracy accused 1 and 2 caused the death of one Kariappa Rai of Kattukukke village in Kasargod taluk at about noon on 25th August 1964 by beating him with areca splinters.

(3.) CRIMINAL Appeal 209/65 is filed by the first accused,Criminal Appeal 210/65 is by the second accused and Criminal Appeal 186/65 is by the sixth accused against their conviction.Criminal Appeal 238/65 is filed by the State against the acquittal of accused 1 to 6 of the offence under section 120 -B,of the acquittal of accused 1 and 2 of the offence under section 302 read with section 34 I.P.C.and accused 3 to 6 of the offence under section 302 read with section 109 I.P.C.On a perusal of the calendar this court had issued notice to accused 1 and 2 to show cause why their acquittal under section 302 I.P.C.should not be set aside and in any case why the sentence awarded under section 326 I.P.C .,should not be enhanced.Notice was also issued to the sixth accused to show cause why his acquittal under section 302 read with section 109 should not be set aside and in any case why the sentence awarded to him should not be enhanced.This is calendar revision 4 of 1965.