JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) CRIMINAL Appeal No. 55 of 1983 and CRIMINAL Appeal No. 90 of 1983 are filed by the first and second accused respectively in Sessions case No. 73 of 1982 on the file of the Sessions Court, Kottayam. Both the accused have been found guilty of an offence punishable under S. 302 of the indian Penal Code, and sentenced to undergo imprisonment for life. They are also found guilty of offence punishable under S. 324 read with S. 34 IPC. for causing injury to pw. 1. The periods of sentences were ordered to run concurrently.

(2.) THE prosecution case in brief is as follows: THE first accused joy had filed a complaint before the East Police Station. Kottayam alleging that he was manhandled by deceased Ninan alias Raju. THE Police bad summoned the accused as well as the deceased to appear before the Sub Inspector of Police on 16-7-1982. pw. 1 Sabu and deceased Raju went to Kottayam East Police station. THEy were reprimanded by the Sub Inspector of Police. At about 3. 30 p. m. pw. 1 and deceased Raju went to the Private Bus Stand at Kottayam and boarded Vettom bus. This bus was plying between Kottayam and Pampadi via puthenpally. THE first and second accused had also gone to the police station on that day. THEy too boarded the same bus. THEy were sitting in the back seats of the bus. As the bus reached Mandiram junction the first accused joy took out a knife and stabbed the deceased on the left side of the chest. Deceased Raju cried out. THEn A2 also stabbed him 2,3 times. THE passengers in the bus got frightened and they came out of the bus and ran away. pw. 1 also managed to get out from the bus and tried to escape. But he was chased by the appellants. While pw. 1 was running. 2nd accused stabbed on his back with a Malappuram knife. Both the appellants entered the bus and again stabbed the deceased several times. As Pw1 reached at some distance he saw the bus coming from the place of occurrence. He signalled the bus to stop. pw. 1 saw the deceased lying in a pool of blood inside the bus. pw. 10 was driving the bus. pw. 2, the conductor, was also inside the bus. Injured Raju and pw. 1 were taken to the medical College Hospital, Kottayam.

(3.) ON the side of the prosecution 14 witnesses were examined and Exts P1 to P22 were marked. ON the side of the appellants Ext. D1 was marked. The appellants when questioned under S. 313 Cr. P. C. denied the guilt and alleged false implication. ON consideration of the prosecution evidence the trial court came to the conclusion that the appellants have committed the offences punishable under S. 302 and 324 read with S. 34 IPC.