VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by A1 to A3 in S. C. No. 38/2004 on the file of the Additional Sessions Court (Fast Track Court No. 1), Manjeri. They were convicted for the offence punishable under Sections 341, 323, 302 read with Section 34 of the Indian Penal Code and they were convicted and sentenced to undergo R. I. for life and to pay a fine of Rs. 25,000/- each with a default sentence of three years. No separate sentence was imposed for the offence punishable under Ss. 341 and 323 of the Indian Penal Code.

(2.) We have heard the arguments of both sides in detail. The prosecution case is mainly based on the dying declaration. On going through 313 statement, we are of the opinion that incriminating events and circumstances were not put to the accused. We also note that in 313 statement, no signature of the accused was obtained in each page except in the last page. We also note that the common 313 statement was taken jointly from A1, A2 and A3. Except for the last question written in the last page wherein three different answers are given; with regard to other questions only one answer is given. Proceedings would not show which of the accused gave the answer or whether one accused was authorised by the other accused to answer the questions or whether such answers were given by all the three accused together. Different overt acts are alleged with each of the accused even in the dying declaration. But no such incriminating circumstances were put to such of the accused.

(3.) Learned Prosecutor argued that even if there is defect in taking 313 statement unless it is substantiated that prejudice is caused, no interference need be made by the appellate Court.