(1.) FOUR persons were sought to be prosecuted for the offences punishable under Sections 302 and 392 read with Section 34 Indian Penal Code. Among them accused Nos. 2 and 3 had absconded and were not available for trial. Accused Nos. 1 and 4 alone stood trial. They were found guilty of the offences alleged against them. They were therefore convicted and sentenced to suffer imprisonment for life and to pay fine of Rs. 5000/ - each, in default of payment of which they have to suffer simple imprisonment for six more months for the offence punishable under Section 302 IPC. They were also directed to suffer rigorous imprisonment for ten years each and to pay a fine of Rs. 3000/ - each for the offence punishable under Section 392 IPC, in default of payment of fine to suffer simple imprisonment for a further period of three months. The substantive sentences were to run concurrently. Set off as per law was also allowed.
(2.) THE first accused has preferred Crl. Appeal No. 64 of 2006 and the fourth accused had preferred Crl. Appeal No. 2186 of 2005.
(3.) IN the meanwhile, P.W.1, a driver by profession at Thodupuzha saw the dead body of Ashraf lying in a bush by the side of the road on 24.8.2001. He informed the Thodupuzha police station and Ext.P1 first information statement was recorded. P.W.1 was not familiar with Ashraf. When he learned that dead body of a person was lying in a bush by the side of a road, he had gone to see the same. Ext.P1 was recorded by P.W.29, the Sub Inspector of Police attached to Thodupuzha Police Station. He accordingly registered crime under Ext.P23 FIR. He then summoned the services of Finger Print Expert, Dog Squad and Scientific Expert. He had conducted inquest and prepared Ext.P14 report. M.Os. 1 and 3 series of articles were seized. P.W.31 took over investigation. In the meanwhile, autopsy was conducted by P.W.26 who prepared Ext.P21 postmortem report. Opinion in Ext.P21 report was that death was caused due to penetrating injury sustained on the chest of Ashraf, and that injury could be caused by a knife.
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