SAMUEL @ SAMU Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.R.P. No.857/2012 is preferred against the acquittal of accused Nos.2 and 3 in S.C.No.60/2007 dated 10.11.2011 of II Additional Sessions Judge, Palakkad and Crl.A. No.2167/2011 is filed by accused No.1 against the conviction and sentence passed against him for the offence punishable under Section 302 IPC.

(2.) The accused were prosecuted for the offence punishable under Section 302 read with Sections 109 and 34 IPC in Crime No.216/2004 of Agali Police Station.

(3.) The alleged incident happened on the eve of Christmas day in the year 2004. The allegation is that accused No.1 committed murder of one Sunny by stabbing with a knife and accused No.2 committed murder of Jaison by inflicting injury by using a chopper on his head. It was done by accused Nos.1 and 2 under the instigation and abetment of accused No.3. Both the deceased Sunny and Jaison are the children of two brothers.