K ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The dead body of P.C. Chandran, owner of Anil Jewellery, Kammathi Lane, Kozhikode was found lying at near Swagathamadu' by the side of National Highway-17. The prosecution alleged that the deceased was murdered by the accused during the night between 8-2-1990 and 9-2-1990. Six accused were charge-sheeted by the Assistant Commissioner of Police, North Calicut City under Sections 143, 396, 302, 364, 201 read with Section 149 IPC. On the basis of an application filed by the prosecution, the first accused was tendered pardon by the trial Court and he was examined as P.W. 3 in the case. After full-fledged trial, recording the oral evidence of P.Ws. 1 to 49, marking Exts. P1 to P57 and M. Os. 1 to 44 on the side of prosecution and examining D. W. 1 and marking Exts. D1 on the side of the defence, the trial Court found that the offences alleged against the accused stand proved and accused 2 to 6 were found guilty under Sections 143, 396, 302 and 364 read with Section 149 IPC. They were acquitted under Section 201 IPC. The accused were sentenced to undergo imprisonment for life under Section 396 IPC. No separate sentence was awarded under Sections 302 and 143 IPC. They were also sentenced to undergo rigorous imprisonment for ten years under Section 364 read with Section 149 IPC.

(2.) A resume of the prosecution case is shown hereunder: The first accused Shaji, who was examined as P. W. 3, is the driver of a tourist taxi KL-5/ 1489. The car is usually parked at Pathanad in Pathanmthitta district. On 6-2-1990, accused 2 and 3 booked the car for a trip to Kozhikode on the morning of the next day. On 7-2-1990, accused 1 and 2 started from Pathanad and went to Perunna temple at Changanacherry. The other accused also entered the car and all of them together proceeded to Kozhikode via Alappuzha. They reached Kozhikode on the same evening and made an attempt to get at Chandran, but it failed. Therefore, they went to Kerala Bhavan Lodge at Kozhikode and stayed there. On the next day at about 8.15 p.m.; while deceased Chandran was returning to his house from his jewellery shop at Kammathi Lane, the fourth accused snatched away his bag containing cash and gold and the second accused pushed him into the car. All the accused drove away. When resistance was offered by deceased Chandran, he was strangulated and after depriving him of the bag containing cash and gold and removing valuable articles like watch and rings from him, the dead body was thrown out by the side of National Highway-17, 6 Kms. away from Kottakkal on the way to Thrissur.

(3.) The third accused, Murugan, is a goldsmith, who was an apprentice under the deceased. He. being a resident of Calicut for years, was acquainted with the jewellers in Kammathi Lane, Kozhikode and also the places around.