MURUKAN @ KALA MURUKAN, Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by accused 1, 2 and 4 in SC No.16/1998 challenging judgment dated 28/9/2001. Accused Nos. 1 to 3 were convicted and sentenced to undergo imprisonment for life for the offence u/s 302 I.P.C. and accused No.4 is convicted and sentenced to undergo imprisonment for life for offence u/s 302 r/w S.34 of I.P.C. They are also convicted for offence u/s 392 r/w S.34 of I.P.C. and S.341 I.P.C. and sentenced to undergo rigorous imprisonment for a period of one month for the offence u/s 341 and to undergo rigorous imprisonment for a period of 10 years each for the offence u/s 392 r/w S.34 I.P.C.

(2.) The accused had been charge sheeted for the aforesaid offences based on an investigation conducted in Crime No.131/1996 of Vanchiyoor Police Station. Investigation was conducted by the Circle Inspector of Police, Pettah and a final report was filed before the Judicial First Class Magistrate Court-III, Thiruvananthapuram. The case was committed to the Court of Sessions and accordingly trial was conducted and the accused Crl.Appeal No.787/2015 were convicted as stated above.

(3.) The prosecution case as revealed from the records discloses murder of one Binulal who was a videographer of Paramount Studio at Thiruvananthapuram. On 10/7/1996, at about 8.30-8.45 pm, Binulal was consuming liquor from Chithira bar. After consuming liquor, he proceeded towards the north through the western gate of the bar. While Binulal reached a place known as Thakaraparambu, the accused, who were armed with weapons and with an intention to commit robbery, restrained Binulal. The first accused took out a knife and stabbed Binulal on his chest and abdomen. The 2 nd accused also stabbed him on his back a few times. Third accused who had a knife with him, stabbed Binulal on his buttocks. 4 th accused restrained him from moving away. On sustaining the injuries, Binulal fell on the side of a drainage canal. The first accused took the purse from the rear pocket of Binulal and 4th accused took his watch. Accused thereafter proceeded towards MG road and then towards Parthas Junction along with their loot and weapons. Several persons saw the incident and the matter was informed to the police. Police party reached the scene of occurrence and found Binulal lying Crl.Appeal No.787/2015 unconscious. They took Binulal in their jeep to Medical College Hospital where he was declared dead. It is based on the aforesaid incident that crime was registered and further investigation was conducted. On the same day, according to the prosecution, the very same gang attempted to rob one Ramayyan and when the police party reached there and tried to intervene, one Police Constable Sri.Vijayan was stabbed by the accused causing his death. The said case was registered as Crime No.157/1996 of Thampanoor Police Station.