THAMPI SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused who were convicted for offences punishable under S.302 and 324 IPC read with S.34 IPC by the Court of Sessions, Trivandrum, in Sessions Case No. 45 of 1984, are the appellants. The learned Sessions Judge sentenced accused 1 to 3 to undergo imprisonment for life under S.302 read with S.34 IPC and the 4th accused to undergo rigorous imprisonment for 18 months under S.324 read with S.34 IPC. Even though the learned Sessions Judge found that the 4th accused was also guilty of the offence punishable under S.302 read with S.34 IPC no sentence was passed against him on the ground that evidence was wanting to hold that he had committed any overt act in respect of the two deceased, Sebastian Pillai and Yagappan.

(2.) Crl. Appeal 513 of 1987 was filed by the State against the omission to pass sentence on the 4th accused, though the lower court found that he was guilty of offence punishable under S.302 I.P.C. read with S.34 I.P.C.

(3.) On 2-5-1983 Yagappan was takes to Govt. Hospital, Parassala. But his condition became worse and therefore be was referred to the Medical College Hospital, Trivandrum. He was subjected to an emergency operation at the Medical College Hospital, en a suspected possibility of an associated interacraneal haematoma, found by the Assistant Professor in the Neuro Surgical Department who attended on Yagappan. During the course of surgery extra dural blood clot was removed, but he died at 6 p.m. on 2-5-1983. Sebastian Pillai also underwent an operation but he also succumbed to his injuries at 3.15 p.m. on 4-5-1983. P. W.21 conducted inquest over the body of Sebastian Pillai on 5-5-1983 and issued Ext. P27 inquest report. P. W. 7 conducted post mortem over the body of Yagappan on 3-5-1983 and issued Ext. P9 post mortem certificate. Inquest on the body of Yagappan was conducted by PW. 20 who was in charge of C I. of Police, Neyyattinkara on 3-5-1983 and be prepared Ext, P26 inquest report. At the time of inquest he questioned P. W. 11 and others. On 4-5-1983. P.W. 21 took charge as the C.I. of Police, Neyyattinkara. He took over investigation. He conducted inquest over the body of Sebastian Pillai at the Medical College Hospital, mortuary on 5-5-1983 and prepared Ext. P27 inquest report. P W. 6conducted post mortem on the body of Sebastian Pillai and issued Ext. P8 post mortem certificate.