MADHAVAN @ RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) FIVE persons were prosecuted for the offences punishable under Sections 449, 302, 397 and 411 read with Section 34 Indian Penal Code. Among them, Accused Nos. 1 to 4 were found guilty of the offences punishable under Sections 449, 397 and 302 read with Section 34 IPC and they were convicted for the said offences. Accused No. 5 was found guilty of the offence punishable under Section 411 IPC and he was convicted for the same. Accused Nos. 1 to 4 were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/ - each, in default of payment of which, they have to suffer simple imprisonment for three months each. They were also sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2000/ - each, and in default of payment of which, they have to undergo simple imprisonment for two months each for the offence punishable under Section 397 IPC. They were again sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1000/ - each, in default of payment of which, they have to undergo simple imprisonment for one month each for the offence punishable under Section 449 IPC. Fifth accused was sentenced to suffer simple imprisonment for one year for the offence punishable under Section 411 IPC. The sentences awarded to Accused Nos. 1 to 4 were directed to run concurrently. Set off as per law was allowed.

(2.) THE prosecution unfolds the story thus:

(3.) THE latter court, on receipt of records, issued summons to the accused and they entered appearance. After hearing both sides, charges were framed for the offences punishable under Sections 449, 397, 302, and 411 read with Section 34 IPC. To the charges, the accused pleaded not guilty and claimed to be tried. Prosecution therefore had P.Ws. 1 to 13 examined Exts.P1 to P13 marked. M.Os. 1 to 4 were got identified and marked. After the close of the prosecution evidence, the accused were questioned under Section 313 of the Criminal Procedure Code. They denied all the incriminating circumstances brought out against them and maintained that they were innocent. Presumably finding that the accused could not be acquitted under Section 232 Cr.P.C., they were asked to enter on their defence. They chose to adduce no evidence. After hearing both sides, the court below found that the case against accused Nos. 1 to 4 of having committed offences punishable under Sections 449, 302 and 397 read with Section 34 IPC were established. As far as accused No. 5, offence punishable under Section 411 was made out. Accordingly, conviction and sentences as already stated followed.