JOSEPH THOMAS @ JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants herein are before us challenging the verdict dated 28/10/2015 of the 3rd Additional Sessions Judge, Thodupuzha in S.C. No. 8 of 2014. The case arise out of Crime No.125 of 2009 of Upputhara Police Station with C.P. No. 54 of 2013 of the Judicial First Class Magistrate Court - I, Peerumedu. By virtue of the said verdict, appellants three in number were found guilty for offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand only) with a default stipulation of rigorous imprisonment for a period of one year each for the said offence.

(2.) Case of the prosecution against the appellants is as follows:

(3.) Prosecution relied on the oral evidence of PW1 to PW17, adduced documentary evidence in the form of Exts.P1 to P26 and got identified MO1 to MO11 material objects. After the closure of prosecution evidence, accused were questioned under Section 313 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') to explain the incriminating circumstances appearing against them. They denied all allegations and pleaded innocence. From the side of the defence, DW1 was examined. Exts.D1 and D2 were also marked.