BASIL KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Learned Sessions Judge convicted the appellants for offences punishable under Sections 120B, 449, 392 and 302 r/w s. 34 of IPC. For the offence under Section 120B IPC, rigorous imprisonment for six months and fine was imposed on them. For the offence under Section 449 IPC, a sentence of imprisonment for life and fine was awarded. Rigorous imprisonment for five years and fine was awarded for an offence under Section 392 IPC. For the offence punishable under Section 302 r/w S.34 of IPC, the appellants were again sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000/- each. It was also directed that the appellants were not entitled to claim or get remission of sentences before serving out atleast 20 years of imprisonment. These convictions and sentences are challenged in these appeals.

(2.) We heard Sri. B. Raman Pillai, the learned senior counsel appearing for the appellant in Crl. Appeal No. 301 of 2012 [1st accused]; Sri. Paul Jacob, the learned counsel appearing for the appellant in Crl. Appeal No. 1417 of 2012 [2nd accused]; and Sri. Rilgin V. George, the learned counsel appearing for the appellant in Crl. Appeal No. 1082 of 2012 [3rd accused]. Sri. S. U. Nazar, the learned senior Public Prosecutor is also heard.

(3.) Prosecution case unfolded from the final report and the material evidence are as follows. The appellants conspired on various dates at different places to commit robbery in the house of deceased John, who was residing alone. In pursuance of the conspiracy and in furtherance of their common intention, the appellants committed a criminal trespass at 6.45 a.m. on 10.01.2004 in the house of the deceased. Second accused gaged John's mouth with a cloth and caused his fall on to the floor. The first accused tied his legs with a bed sheet. Third accused tied his hands towards back and stabbed with a knife. In that process, John died due to asphyxiation. After attacking the deceased, the appellants committed theft of a camera, mobile phone and watch. Thereafter, they fled from the scene on a scooter belonged to the deceased. It is alleged that the appellants are guilty of the said offences.