BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal at hand is filed by the appellant challenging the verdict of the Principal Sessions Judge, Ernakulam in S.C. No. 408 of 2010 arising out of Crime No. 112 of 2010 of Muvattupuzha Police Station by which he was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and sentenced to undergo imprisonment for life and to pay fine of Rs. 3,00,000/- (Rupees Three Lakhs only) in default to undergo rigorous imprisonment for one year. A2, who is the brother of the appellant, was acquitted by the trial Court vide the same judgment.

(2.) The case of the prosecution is as follows: Deceased Mohanan @ Athira Mohanan was residing at Panamkuttyil House at Manari, Thrikkalathoor Kara, Mulavoor Village, along with his wife PW9 and their two children. PW11 Shibu had entered into an agreement with the deceased during the month of September 2009 for cutting stones from the property of the deceased and for selling it for a period of 11 months for a sum of Rs. 10,000/-. After entering into the said agreement, PW11 made A2 also as one of his partners in the said business. A1 is the elder brother of A2. After making arrangements with A2 to continue the business, PW11 backed out from it and the work was totally entrusted with A2. The deceased had a mini lorry and A2 was one of the drivers. Later, A2 arranged the said vehicle to be sold. Thereafter A2 continued with the work of cutting and selling stones from the property of the deceased. PW9 used to make arrangements for loading the said stones and for transporting it from the property. On 16/01/2010, a lorry load of stones were transported from the aforesaid property. On that day at about 2.00 p.m., both the accused reached the house of the deceased for obtaining the cost of the stones. PW9 gave Rs. 3,600/- obtained as cost of the stones to A2. Out of it, A2 paid PW9 an amount of Rs. 500/- as loading charges. At that time, the deceased and PW9 reminded A2 that the contract is for a period of 11 months and that too with PW11 only, and further they made it clear that they would not permit A2 to continue the work. There occurred a wordy altercation on that and after posing a threat, both the accused went away.

(3.) On 17/01/2010 by about 6.30 a.m., the deceased went out from his house by stating that he was proceeding to his work place for obtaining wages. By about 10.00 a.m., both the accused approached the deceased and took him to House No. XXI/273 of the Payipra Grama Panchayat, Pachamparambil Veedu, Thrikkalathoor Kara, Mulavoor Village which is the house of A2. By about 12.00 noon, both the accused along with the deceased hired an autorickshaw bearing Reg.No. KL 6/D 905 of PW2, and proceeded to the house of PW20. A2 got down from the autorickshaw, went to PW20, borrowed an amount of Rs. 500/- from him and again came back to autorickshaw. They proceeded to the retail outlet of the Beverages Corporation at Vazhappilly, Muvattupuzha, and A2 purchased a bottle of liquor named 'White Mischief'. Thereafter they all came back to the house of A2 at about 1.30 p.m., where both the accused along with the deceased consumed liquor. After that, they entered into a wordy altercation with the deceased in the kitchen of the house. With the intention of doing away with the deceased, A1 took MO7 chopper which was there in the kitchen, and indiscriminately inflicted serious cut injuries on the head, face and neck of the deceased repeatedly by using MO7. It is alleged that A2 who was standing as a mute spectator to the incident aided and assisted A1. The deceased succumbed to the injuries. Thereafter, both the accused fled from the scene of offence.