SHYJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals have been preferred by the appellants, who are accused nos. 1 to 3 and 7, challenging the judgment passed by the 1st Additional Sessions Judge, Thiruvananthapuram in S.C. No. 526/2008 by which they were found guilty under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for brevity 'IPC') and also for offence under Section 27 of the Arms Act, 1959 read with Section 34 of IPC and all of them were sentenced to undergo imprisonment for life and a fine of Rs. 50,000/- each with a default stipulation of rigorous imprisonment for one year, for offence under Section 302 read with Section 34 of IPC and further sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 5,000/- each in default of which to suffer rigorous imprisonment for six months each for offence punishable under Section 27 of Arms Act, 1959 read with Section 34 of IPC. Accused nos. 4, 5 and 6 were acquitted.

(2.) Prosecution case in brief, is that, on 25/03/2002, at about 08.30 p.m., accused nos. 1 to 7 due to their previous enmity towards the deceased Sulfickar, formed into an unlawful assembly with a common object to attack the deceased and in furtherance of the same, attacked Sulfickar at Manthara beach using deadly weapons like sword, metal block and cudgel, resulting in fatal injuries. Though the injured was rushed to the Medical College Hospital, Thiruvananthapuram, subsequently he succumbed to the injuries at 1.20 a.m., on 26/03/2002.

(3.) To prove their case, prosecution examined witnesses PWs 1 to 34, produced and marked Exts.P1 to P36 documents and identified MOs 1 to 13.