(1.) The 1st accused in S.C.No.24/2013 on the files of the Additional Sessions Court, Thodupuzha, who stands convicted for life imprisonment and fine of Rs.50,000/-, and in default, to simple imprisonment for two years under Section 302, I.P.C. and for rigorous imprisonment for one year under Section 324, I.P.C., is in appeal before us, aggrieved by the conviction.
(2.) The appellant, as the 1st accused and his wife as the 2nd accused, stood trial on a charge sheet under Sections 302, 324 and 120B, I.P.C. laid by PW25, the C.I. of Police, Idukki, who completed the investigation initiated by PW21, his predecessor in office. Ext.P3 F.I.R. was registered as Crime No.276/11 of Idukki Police Station by PW8, the SPCO on GD charge duty at that point in time, on the basis of Ext.P1 F.I.statement given by PW1, the father of the deceased. The learned Sessions Judge acquitted the 2nd accused for want of evidence Crl.A. 634 of 2015 regarding conspiracy, while the 1st accused was found guilty and convicted as mentioned above.
(3.) The prosecution case in brief is thus: The accused couple hatched a criminal conspiracy to murder the deceased Manoj, a Civil Police Officer, the son of PW1, and being a party to the conspiracy, the appellant committed the murder of the said Manoj by stabbing him to death, at about 5.20 pm, on the 21st of May, 2011, near a petrol pump at Cheruthoni.
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