KUNJU @ DEVASYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is filed by the first accused in SC No.253/2008 challenging judgment dated 3/5/2013 by which he was convicted for offence u/s 302 and 307 I.P.C. He is sentenced to undergo imprisonment for life and to pay a fine of Rs. 1 lakhs for the offence u/s 302 of I.P.C and rigorous imprisonment for a period of 7 years and a fine of Rs. 50,000/- for the offence punishable u/s 307 of I.P.C. with default sentence of simple imprisonment for two years. There were two accused in the case and the trial Court had acquitted the second accused.

(2.) According to the prosecution, an altercation took place between PW1 and PW2 on the one hand and the accused along with another person on the other hand at about 8 p.m on 25/12/1998. When PW1 and PW2 went back to their house after the altercation, it was realised that PW2's gold chain was missing. They believed that the accused have taken the gold chain and accordingly they along with their deceased brother-in-law Roy went in search of the accused. When they reached the house of one Eayannam Thomas, and proceeding on the basis that the accused would be there, Roy called the first accused. Immediately they came out of the house of Eayannam Thomas armed with chopper and a stone. Prosecution alleges that they had a common intention to cause death of the deceased. They attacked PWs 1 and 2 and deceased Roy. PW2 and Roy sustained grievous hurt and PW1 also sustained certain injuries. All of them were taken to Medical College Hospital, Kozhikode and on the way Roy succumbed to his injuries.

(3.) Pw1 has given Ext.P1, FIS, on the basis of which investigation was conducted. After complying with the procedural formalities and after investigation into the crime, final report was submitted before the First Class Magistrate Court-II Sulthanbathery who committed the case to the Sessions Court, Wayanad. The Sessions Court framed charges which were denied by the accused.