LAWS(KER)-2019-2-14

GOPALAKRISHNAN S/O GOPINATHAN Vs. STATE OF KERALA

Decided On February 01, 2019
Gopalakrishnan S/O Gopinathan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Appeal under consideration has been preferred by the appellants questioning the legality of the judgment of conviction and order of sentence passed by the learned 3rd Additional Sessions Judge, Mavelikkara dated 30/09/2014, in S.C. No. 952 of 2010 by which both appellants were found guilty for offences under Sections 302, 324 and 326 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and were sentenced to suffer imprisonment for life and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) with a default stipulation of rigorous imprisonment for one year each for offence under Section 302 of IPC, further sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) each with a default stipulation of rigorous imprisonment for six months for offence under Section 326 of IPC and also sentenced to undergo rigorous imprisonment for one year each under Section 324 of IPC. If realized, the fine amount is directed to be paid to the wife of the deceased.

(2.) Case of the prosecution, in brief, is as under:-

(3.) Prosecution examined PW1 to PW15 as witnesses, marked Exts.P1 to P31 documents and identified MO1 to MO4 objects. Exts.D1 to D6 were marked from the side of the defence while cross-examining prosecution witnesses. During 313 examination, both appellants denied incriminating circumstances levelled against them and pleaded innocence. No defence evidence is adduced.