SUMITHRAN @ MANIYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in SC No.699/2007. They challenge the judgment dated 20/7/2013 by which they were found to be guilty and sentenced to undergo imprisonment for life for the offence u/s 302 r/w S.34 of I.P.C. The first accused was directed to pay an amount of Rs.1,00,000/- and the 2nd accused Rs. 25,000/- as fine and in default to undergo rigorous imprisonment for six months and two months respectively. They were also sentenced to undergo rigorous imprisonment for a period of 8 years for the offence u/s 307 r/w S.34 of I.P.C. The first accused was directed to pay a fine of Rs. 50,000/- and the second accused Rs. 25,000/- with default sentence of three months each.

(2.) The prosecution case is that on 3/9/2006, by about 6.00 p.m, accused 1 and 2 along with a juvenile, with a common intention and knowledge to commit murder, stabbed PW1 above his waist with a knife. First accused was holding the knife and 2 nd accused along with juvenile were holding both the hands of the victim backwards. The motive alleged by the prosecution was that there was an altercation between the first accused and some others while playing cards. On getting the news of PW1 being stabbed, the deceased Sibichan and PW2 Sojan rushed to the spot. According to the prosecution, A1 stabbed Sibichan with a knife and A2 and A3 inflicted a blow on the head of Sibichan and Sojan with a chopper. Sibichan succumbed to the injuries on 14/9/2006 while undergoing treatment in the Medical College Hospital, Pariyaram. PW1 and PW2 suffered injuries. They were also admitted to the Medical College Hospital and they were treated and got cured. Crime was registered by the Kelakam Police Station on the basis of which the Circle Inspector of Police, Peravoor conducted investigation and final report was filed before the Judicial First Class Magistrate Court, Kuthuparamba against accused 1 and 2 for offences u/s 307 r/w S.34 and 302 r/w S.34 of I.P.C. The case against the juvenile was filed before the Juvenile Court, Thalassery. The learned Magistrate committed the matter to the Sessions Court. Charge was framed against the accused and the accused denied the charges. Prosecution examined PW 1 to PW23 and relied upon Exts.P1 to P34. Material objects MO1 to MO6 were produced and identified. After completing the procedural formalities, the accused were convicted as stated above.

(3.) We heard the learned counsel for the appellants and the learned Public Prosecutor.