STATE AND ORS. 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 (Ad hoc -II), Thodupuzha. All the three accused were found guilty under Ss. 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 Sec. 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 Sec. 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 Sec. 201 I.P.C. Set off allowed.

(2.) 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:

(3.) The incident occurred on 29 -3 -2002. The car which was being driven by the deceased was an Indica car owned by P.W. 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.