JAHIDUL HUCK Vs. STATE OF KERALA

JUDGEMENT

(1.) The additional sessions judge-III, Kollam in SC 114/2006 convicted the accused persons who were six in number. They were convicted under Secs 120 B, 302, 396, 397, 399 and 449 of the Indian Penal Code ('IPC' for short). Crl.A No.590/2010 is filed by the sixth accused. Accused 1 to 5 filed Crl.A.No.545/2012.

(2.) Prosecution case is stated below: The accused persons who are friends came to Kollam from West Bengal in search of employment. They were working at different places in and around Kollam. They targeted the house of one Koshy to commit dacoity. The conspiracy to do the crime hatched when they assembled from 2.10.2005 to 8.10.2005 in a shed where resided the first accused. Accused 1 and 2 purchased an air pistol on 3.10.2005 from a shop named Kochin Armoury at Ernakulam. Accused 2 and 3 on 4.10.2005 bought a cutting knife (kripan) from a shop by name Mitra Metals at Kottiyam. They on the same day bought a small knife from a footpath vendor at Kottiyam. The incident had taken place on 8.10.2005 in the house of Koshy at Churakulam in Anchal village of Kollam district. By noon on that day accused 1 and 5 came to the compound of the house of Koshy to watch the surroundings and to ascertain the way to escape after committing dacoity. Two bath towels were purchased by the accused persons in the evening of 8.10.2005. At about 6.30 p.m on the same day they entered the house compound of Koshy having made preparation to commit dacoity. They were armed with deadly weapons. They approached Koshy as if they had come there to get some job in the brick factory of Koshy. Koshy went inside the house to make a telephone call. At that time Koshy's servant, Karuppuswamy by name, was standing in the car porch of the house of Koshy. Realising that Karuppuswamy would be an obstruction to the commission of dacoity, his murder was committed by the accused persons. The second accused stabbed on the abdomen of Karuppuswamy with a steel knife while the latter was kept under the hold of the fifth accused. Thereafter the accused persons barged into the house. The first accused pointed the 'kripan' at Koshy's wife (CW1/PW1) and threatened to kill her. The third accused put a bath towel around the neck of CW1(PW1) and held her. The former put the latter in fear of death pointing the knife at her and demanded the key of the safe. He stabbed her with the knife on her right shoulder and caused her hurt. He inflicted an injury on her left thumb with the knife. He then snatched a gold chain which she wore on her neck. The third accused then snatched a gold chain of Koshy's mother (CW3) from her neck. He pushed her down. Accused 4 and 5 put Koshy's daughter-in-law (CW2/PW2) in fear of death and made her to sit on the sofa. The fifth accused put a bath towel around the neck of CW2 (PW2) and demanded Rs 1 lakh. He dragged her to the sit out of the house and took from her by force two gold bangles and a gold finger ring worn by her. Accused 1,2 and 6 went inside Koshy's bedroom. The first accused pointed the 'kripan' at Koshy, thrust him on the cot and demanded the key of the safe. Koshy asked his wife to give the key and from her the third accused collected it. Accused 2 and 3 opened the drawer of the table and took currency notes totalling Rs.19,730/-, a lady's wrist watch and a mobile phone. Accused 1 to 4 and 6 made Koshy to lay on the floor. The fourth accused took the 'kripan' from the first accused and cut on the neck of Koshy with it. While the accused persons were returning after committing the crimes inside the house, the fourth accused with the 'kripan' cut on the neck of Karuppuswamy who was lying in the car porch with the injury he already sustained. Koshy and Karuppuswamy succumbed to the injuries they sustained. The accused persons who committed the murder of Koshy and Karuppuswamy abandoned the weapons to cause disappearance of evidence in order to screen themselves from legal punishment. The accused committed the offences in furtherance of their common intention.

(3.) Koshy's widow (CW1/PW1) gave the first information statement. A special investigation team headed by the circle inspector of Anchal police station conducted the investigation. The said circle inspector filed the charge-sheet. The judicial magistrate-I, first class, Punalur committed the case to the court of session, Kollam division. The learned sessions judge made over the case to the 3rd additional session judge for disposal.