SANTHOSH, S/O SHANKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Against the judgment of conviction and order of sentence in S.C.No.537 of 2013, dated 1.12.2014, of the Additional Sessions Court, Muvattupuzha, accused No.1 came up with this appeal.

(2.) Accused Nos.1 and 2 were charge sheeted for the offence punishable under Sections 302 and 201 read with S.34 of the Indian Penal Code. Accused No.2 was found not guilty of offence and hence acquitted by the learned Sessions Judge. No appeal is preferred against the order of acquittal. Hence, we are only concerned with the conviction rendered as against accused No.1, the appellant herein, for the offence punishable under Ss.302 and 201 IPC.

(3.) The alleged incident happened at about 6.30 p.m. on 13.1.2013 by which the deceased Sivan, son of Chandran, met with a sad death. The prosecution case is that it is accused Nos.1 and 2 in furtherance of a common intention to commit murder consumed alcohol along with the deceased in the room situated in Narayana Memorial Building and by 6.30 p.m. accused Nos.1 and 2 hit the head of the deceased against the wall, door frame and window frame causing serious injuries to him, accused No.1 throttled him with his hands, accused No.2 beat over his head with a wooden stick and crushed his genitalia by his hands and as a result, he succumbed to the injuries on the same day. The dead body was concealed under a cot and later on abandoned on the courtyard of the building between 8.30 and 9 p.m. on the same day.