SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in the above appeals are accused 1 to 3 in Sessions Case No. 353/2003 of the Court of Addl. Sessions Judge (Adhoc-H), Thodopuzha. All the three accused were found guilty under Sections 302, 392 and 201 I.P.C. They have been sentenced to undergo imprisonment for life and to remit fine of Rs. 10,000/- each under Section 302 I.P.C. They were also sentenced to undergo rigorous imprisonment for a term of 10 years and to remit a fine of Rs.5,000/- by each under Section 392 I.P.C. The accused were further sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs.2,000/- by each of them under Section 201 I.P.C. Set off allowed. This is a case where the accused, three in number, are alleged to have murdered one Manikandan and robbed away a car bearing Registration No. KL-7 AF 1010 of which the deceased was the driver. The prosecution case in short is the following.

(2.) The incident occurred on 29-3-2002. The car which was being driven by the deceased was an Indica car owned by PW. 19. It was operated in association with M/s. Classic Tours and Travels, Ernakulam which is a proprietary concern owned by P.W.7. It was being operated as a tourist taxi at the relevant time. On the date of incident, accused 1 to 3 hired the car for a trip from Ernakulam to Kattappana. On the way, when they reached near a forest area, they inflicted serious stab injuries on Manikantan who was left in the forest area itself and stole the car and took it to Kambam in Tamil Nadu.

(3.) There are no eye witnesses to the incident and the entire prosecution story is rested upon circumstantial evidence. The learned Sessions Judge found that the prosecution has been able to prove the circumstances amply and the chain of circumstances proved established the guilt of the accused to the hilt and accordingly convicted and sentenced them.