SHINTO Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are filed by accused 3 and 2 respectively in S.C.No.179/2010 of Vth Additional Sessions Judge, Ernakulam.

(2.) The appellants were convicted by the trial Court for offence under Sections 392, 394, 397, 398 and 302 r/w section 34 of the I.P.C. They are sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 10,000/- each under Section 394 of the I.P.C., in default of payment of fine to undergo simple imprisonment for six months each. They are also sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- each under Section 302 read with Section 34 I.P.C., in default of payment of fine to undergo simple imprisonment for two years each. Separate sentence is not awarded for the offence under Sections 392, 397 and 398 read with Section 34 of the I.P.C.

(3.) The prosecution alleged that accused 2 and 3 along with the juvenile (A1) caused the death of Midhun on 23.4.2009 at 11.15 pm. The allegation is that A1 to A3 came in a motor bike through the Vypin-Munambam State highway. A1 was armed with a steel knife and A3 was armed with a steel pipe. Midhun was walking through the Vypin-Munambam State highway and when he reached Kochambalam Sree Subrahmania Swami Temple, A2 and A3 approached him and attempted to rob his mobile. Midhun attempted to escape from the clutches of A1 to A3. It is alleged that A2 and A3 forcibly caught hold of Midhun and restrained him and A1 stabbed on different parts of Midhun's body with a steel knife. Midhun fell down and A3 robbed Midhun of MO8 mobile phone worth Rs. 5800/-. Midhun succumbed to the injuries. The mobile phone was entrusted to 2nd accused who sold it, and the accused squandered the sale proceeds.