KONNARI SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.Appeal No. 1169/2006 is filed by the 3rd accused while Crl.Appeal No. 1317/2006 is filed by accused Nos. 2 and 4 challenging their conviction under Sections 341 and 326 read with Section 34 of the Indian Penal Code sentencing them to undergo simple imprisonment for one month each for the offence under Section 341 IPC and for imprisonment for three years and to pay a fine of Rs. 2,000/- each with a default sentence of simple imprisonment for six months each under Section 326 IPC. Sentences of imprisonment were directed to run concurrently.

(2.) The first accused died pending trial, and charge against him abated. Accused Nos. 2 and 4 are brothers and the sons of deceased first accused. Third accused is their neighbour.

(3.) The prosecution case in brief is that PW 1, a police constable, employed at Karikkottakkari and residing there, visited home twice a week to meet his wife and two young children. On 15.11.1996, on reaching home at about 7 p.m. PW 6, his wife, informed him about her hearing a knock at their door the previous night, and on her put on the light to see who was it, she noticed accused Nos. 3 and 4 skulking. Even on a previous occasion, there was a similar knock on their door, but she could not then identify the persons who knocked.