AJISH Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in Sessions Case No. 193/09 of the Additional Sessions Judge (Ad hoc), Fast Track Court II Ernakulam is the appellant. He was tried for the offences punishable under Ss.120(B), 109, 143, 147, 148, 364, 302, 404, 201, 212, 34 read with S.149 of the Indian Penal Code along with accused Nos. 2 and 3. The Court below acquitted accused 2 and 3 and convicted the appellant after finding him guilty for offences under Ss.143, 147, 148, 364, 302, 201 and 404 read with S.149 of the I.P.C. He is sentenced to undergo Rigorous Imprisonment (R.I.) for six months under S.143 of the I.P.C., R.I. for 1 year under S.147, R.I. for two years under S.148, R.I. for 10 years and to pay fine of Rs.15,000/- and in default to undergo simple imprisonment for two years under S.364 of the I.P.C., imprisonment for life and fine of Rs.25,000/- for offence under S.302 I.P.C. and on default of payment of fine to undergo simple imprisonment for two years, R.I. for 3 years for offence under S.201 of I.P.C. and to pay a fine of Rs.5,000/- on default to undergo simple imprisonment for 6 months and R.I. for two years for offence under S.404 of I.P.C. and fine of Rs.5,000/- in default of which to undergo simple imprisonment for 6 months. It was further observed that the substantive sentences shall run concurrently in the event of remission and commutation by the Government and he will be entitled to set off the period of detention which he had already undergone. He was acquitted of the offence under Ss.120B, 109, 479 and 212 of I.P.C.

(2.) The prosecution case is that 14 persons hatched a conspiracy to kidnap and do away with Vidhyadharan, who was a worker in the Indian Oil Corporation (IOC) Bottling Plant at Udayamperoor. They arranged an Ambassador car. While Vidhyadharan was going for work at about 6 am on 13/09/2003, a few of the accused armed with lethal weapons caught hold of Vidhyadharan, he was dragged into the vehicle and was kidnapped. They gagged his mouth with insulation tape and he was attacked with lethal weapons. All of them took the victim to a Bungalow at Athirappilly estate and he was tortured. He sustained severe injuries and he died at about 2.45 p.m. on 13/09/2003. The accused burnt the belongings of Vidhyadharan, threw some of the articles to nearby bushes to destroy the evidence. Dead body of Vidhyadharan was taken in the boot of the car and abandoned in a vacant place at Ambalamedu.

(3.) The accused Nos. 3 and 7 were absconding at the time when the final report was filed before Court. Accused No. 13 absconded at the time of trial.