RAJESH, S/O NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are convicts. They were accused 1, 2, 3 and 5 in S.C.1414/2008. That was a case on the file of the Court of Session, Thrissur division. The appellants were convicted and sentenced by the learned Additional Sessions Judge (Fast Track-I) under Secs 120B, 302, 324 and 326 of IPC read with IPC 34.

(2.) The prosecution case goes as under : It was at 8.30 pm on 21.10.2007 the incident. A person by name Shaju was murdered in the incident. The locale of the crime was the check-post junction at Mupli. The 1st accused was under an impression that his illicit brewery was raided by the police on getting information from Shaju. The former therefore had a grudge against the latter. The 1st accused conspired with the other accused persons to do away with Shaju. The accused persons formed themselves into an unlawful assembly. They carried deadly weapons such as choppers, iron rods et cetera. Accused 1 to 3 wrongfully restrained Shaju on his way to escape from the 1st accused. Accused 2 and 3 with choppers cut on both the legs and hands of Shaju. PW2, who intervened to save Shaju, was beaten on his head with an iron rod by the 4th accused. The accused persons caused damage to the motorbike of PW1 and caused him damage to the tune of Rs.5000/-. Shaju sustained injuries on his legs and hands to which he succumbed soon.

(3.) The first information statement was given by PW1, the brother of Shaju. FIR was registered under Sec.302 of IPC read with IPC 34. Investigation was conducted. Charge-sheet was filed against five accused persons alleging commission of offences punishable under Secs 120B, 143, 147, 148, 302, 324, 326 and 427 of IPC read with IPC 149. The learned Magistrate committed the case to the Court of Session. The learned Sessions Judge made over the case to the Additional Sessions Judge for disposal. The learned Additional Sessions Judge, after preliminary hearing, framed charges against the accused persons for all offences shown in the charge-sheet. The accused persons denied having committed the offences.