RAGHAVA NADAR REGHU Vs. STATE

JUDGEMENT

(1.) This appeal concerns a brutal murder. Nelson aged 32 sustained stab injuries with a dagger, cut injuries with a chopper and fatal blows with an iron rod. He has sustained as many as thirty injuries. He succumbed to the injuries. According to the prosecution this unfortunate event happened on 21-3-1983 at 6.45 p.m. The fateful incident commenced from the southern room of the house of the deceased Nelson. It ended in the pathway on the western side of his house.

(2.) The prosecution alleged that the three appellants before us are responsible for the injuries inflicted on the body of the deceased. They were indicted for the offence of murder of Nelson and also for trespass under S.452 IPC. They stood the trial before the Sessions Court, Trivandrum. They were convicted for the offence of murder under S.302 read with S.34 IPC and for the offence of trespass under S.452 IPC. The Sessions Court sentenced the accused to undergo rigorous imprisonment for life under S.302 IPC. & R.I. for five years for the offence under S.452 IPC. Now, the accused appeal.

(3.) Toe facts are these: Accused No. 1 is the first cousin of the deceased (Nelson's father's brother's son). Accused 2 and 3 are close associates and friends of accused No. 1. It is said that a persistent enmity which was continuing for three years existed between accused and the deceased. Further, it is stated that about 1 1/2 years prior to the incident, there was a criminal case against accused Nos. 1 to 3 at the instance of the deceased wherein the Trial Court convicted the accused and the appellate court reversed the conviction. At the time of the incident, the said matter was pending before the High Court.