ARUN Vs. STATE OF KERALA

JUDGEMENT

(1.) These batch of Criminal Appeals are preferred by the accused against the conviction and sentence passed by the Court of Additional Sessions Judge -I, Thiruvananthapuram vide judgment dated 27/04/2013 in Sessions Case No. 1540 of 2009 arising out of Crime No. 51/2007 of the Pettah Police Station, Thiruvananthapuram. Crl.A.No.628/2013 is filed by the 10 th accused, Crl.A.No.864/2013 is filed by the 6 th accused, Crl.A.No.918/2013 is filed by accused Nos.7 and 11, Crl.A.No.1205/2013 is filed by the 9 th accused and Crl.A.No.538/2015 is filed by the 3rd accused.

(2.) The case of the prosecution is that accused 1 to 11 conspired together over a period of time, on different occasions, to murder Krishnakumar @ Aprani Krishnakumar. On 20/02/2007, Krishnakumar attended the Court of Judicial First Class Magistrate - II, Thiruvananthapuram in connection with C.P No. 21 of 2007. After attending the Court, around 12.15pm, he along with his friends including PW1 and PW2 got into an Indica car with registration number KL-01-AF-2078 and drove towards Chakkai bypass. It is alleged that in furtherance of the conspiracy hatched among A1 to A11, accused nos. A1 to A8, having entertained a common object to kill Krishnakumar, formed an unlawful assembly and followed the said Indica car in which he was travelling. The accused were following in a Scorpio car bearing registration number KL- 2/W-9583 hired for the said purpose. As the Indica car passed Satheendra auditorium near Chakkai, the said car was blocked by the Scorpio car and the assailants hurled locally made bombs at it. The occupants of the Indica car ran for their lives. The accused persons armed with deadly weapons like sword and choppers chased the deceased and inflicted fatal injuries on him. He was immediately taken to the KIMS hospital by police and PWs 1-2. But he succumbed to the injuries by 2.30pm on the same day.

(3.) PW84, the Sub Inspector of Police, Pettah Police Station recorded the First Information Statement of PW1, an injured witness and a case was registered against accused 1 to 3 and seven other identifiable persons under Sections 143 , 147 , 148 , 149 , 324 and 307 of the Indian Penal Code, 1860 (45 of 1860) together with Sections 3 and 5 of the Explosive Substances Act, 1908 (6 of 1908) and Section 27 of the Arms Act, 1959 (54 of 1959). Investigation was taken over by PW89, the Circle Inspector of Police, Pettah Police Station and S.302 IPC was added by filing Ext.P140 report. As the investigation progressed, A9 to A11 were added in the array of accused and S.120B was added against them by filing Ext.P141 report. After completing the investigation, PW89 submitted the final report before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. A1, A2, A4 and A5 were absconding at various stages and their case was split up. The present case was committed to the Court of Sessions, Thiruvananthapuram and numbered as S.C. 1540/2009 and was made over to the Court of Additional Sessions Judge - I, Thiruvananthapuram for trial and disposal.