CHERIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 1 and 3 in S.C. No. 1566/2006 on the file of the Additional Sessions Court-VI, Kollam are the appellants in this appeal. By judgment dated 16.7.2015, the trial court convicted and sentenced A1 and A3 to undergo imprisonment for life and to pay a fine of Rs. 3,00,000/- by both equally, in default of fine, to undergo rigorous imprisonment for one year more for the offence punishable under Section 302 read with Section 34 of IPC. The fine amount, if realized, was ordered to be given to the parents of the deceased Emmanuel under Section 357(1) of Cr.P.C. A1 and A3 were further convicted and sentenced to undergo imprisonment for one year each for the offences punishable under Sections 323 and 324 read with Section 34 of IPC. For the offence punishable under Section 341 read with Section 34 of IPC, A1 and A3 were convicted and sentenced to undergo simple imprisonment for one month each. Further A1 and A3 were sentenced to rigorous imprisonment of one year each under Section 201 read with Section 34 IPC. All the above sentences were ordered to run concurrently.

(2.) First accused Cheriyan @ Cheriyachan is the father of the second accused Kevin. The 3rd accused is the son-in-law of the 1st accused. The 2nd accused was a juvenile on the date of commission of the offence. Hence, the case against him was split up for trial and disposal in accordance with law by order in Crl.M.P. No. 1469/2012 dated 22.6.2013. The case against the 2nd accused was forwarded to the Juvenile Justice Board, Kollam for trial and disposal. The parties and proceedings are hereinafter referred to as stated in the trial court proceedings unless otherwise stated.

(3.) Prosecution case, in brief, is hereinbelow:-