SAGEER Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from the judgment dated 28/1/2015 in SC No.1156/2008 on the file of the Additional Sessions Court, Thrissur. Crl.Appeal No.396/15 has been filed by accused 1 to 3 and 6. Crl.Appeal No.560/15 has been filed by the 4th accused.

(2.) By the impugned judgment, accused 1 to 4 and 6 were sentenced to undergo rigorous imprisonment for life for offence u/s 120B(1) r/w S.302 of I.P.C. and to pay a fine of Rs. 10,000/- with default sentence. Accused 1 to 3 and 6 were sentenced to undergo rigorous imprisonment for six months for offence u/s 143, rigorous imprisonment for one year each for offence u/s 147 and rigorous imprisonment for two years each for offence u/s 148. Accused 1 to 3 and 6 were also sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- with default sentence for offence under Sections 302 and 302 r/w 149 of I.P.C.

(3.) The deceased in the case is one Rajeevan. According to the prosecution, he was having a relationship with a lady by name Fathima. An extremist organization by name Jam Iyyathul Ihsaniyya did not approve the said relationship between a Hindu person and a Muslim woman and they decided to annihilate Rajeevan. Prosecution allege that accused 1 to 6 and 8 to 11 entered into a conspiracy to kill Rajeevan as he maintained illicit relationship with Fathima. The incident occurred on 28/12/1995 at about 11.30 p.m. when Rajeevan came to the residence of PW1. Prosecution allege that accused 1 to 6 armed with knives and iron pipes trespassed into the house of Fathima (PW1) and when they found that Rajeevan got away from the said place, chased Rajeevan and inflicted injuries on him with weapons like knife, iron rods, pipes etc,. On suffering the injuries, Rajeevan was wailing and became unconscious. Though he was taken to the hospital by his brother Rajesh and a few others, he succumbed to the injuries.