AHAMMED KABEER Vs. STATE OF KERALA

JUDGEMENT

(1.) Out of these two appeals before us, the first one is preferred by accused Nos. 1 to 3 challenging the judgment of conviction and order of sentence passed against them in S.C. No. 1337 of 2011 dated 28/11/2014 by the 3 rd Additional Sessions Court, Kollam by which the 1st accused/1st appellant was found guilty for the offence under Section 302 of the Indian Penal Code, 1860 (for short ' IPC ') and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) with a default stipulation of simple imprisonment for one year, the 2 nd accused/2nd appellant was found guilty for the offence under Section 324 of IPC and was awarded simple imprisonment for two years for the said offence and the 3rd accused/3rd appellant was found guilty for offences under Section 341 and 294(b) of IPC for which she was punished with simple imprisonment for one month each. Though 2nd and 3rd accused were charged for offence under Section 302 read with 34 of IPC , both of them were acquitted by the trial Court and the victim appeal is preferred to challenge the said verdict.

(2.) Prosecution case is as follows:

(3.) Prosecution examined PW1 to PW23 as witnesses, marked Exts.P1 to P63 and identified MO1 to MO32. Exts.D1 to D14 were marked through various prosecution witnesses. While questioning under Section 313 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') the appellants denied all incriminating circumstances against them and stated that they were falsely implicated in the case. DW1 and DW2 were examined as defence witnesses.