JOY AUGUSTY @ UPPAYI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant who is the first accused, challenging the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Pala of Kottayam Sessions Division in S.C. No. 404 of 2012 by which the appellant was found guilty under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh only) with a default stipulation of one year simple imprisonment. A2 and A3 were also found guilty under Section 341 of I.P.C. and were sentenced to undergo simple imprisonment for one month.

(2.) The case of the prosecution is as follows:-

(3.) Prosecution examined PWs 1 to 18, marked Exts.P1 to P33 and identified MOs 1 to 10. During 313 examination, the accused denied all allegations and pleaded innocence. Exts.D1 to D3 were marked from the side of the defence.