ANOOP Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellants challenging the judgment of conviction and order of sentence passed by the 2nd Additional Sessions Judge, North Paravur in S.C. No.8 of 2012 dated 28/11/2015 on C.P. No.138 of 2010 of Judicial First Class Magistrate Court - I, North Paravur arising out of Crime No.59 of 2009 of North Paravur Police Station by which the appellants who are seven in numbers were found guilty for offence under Sections 143 , 147 , 148 , 302 , 323 and 324 of the Indian Penal Code, 1860 (for short ' IPC ') and were sentenced to suffer simple imprisonment for four months each and to pay a fine of Rs.1,000/- (Rupees One Thousand only) each with a default sentence of simple imprisonment for one month each for offence under Section 143 of IPC; simple imprisonment for six months each and to pay a fine of Rs.1,000/- (Rupees One Thousand only) each with a default stipulation of simple imprisonment for two months each for offence under Section 147 of IPC; simple imprisonment for one year each and to pay a sum of Rs.1,000/- (Rupees One Thousand only) each with a default sentence of simple imprisonment for two months each for offence under Section 148 of IPC; imprisonment for life each and to pay a fine of Rs.1,00,000/- (Rupees One Lakh only) each for offence under Section 302 of IPC. No separate sentence is given to the accused for committing offence under Section 323 and 324 of IPC. The substantive sentences were ordered to run concurrently. Rs.5,00,000/- (Rupees Five Lakhs only) is awarded as compensation to dependents of the deceased under Section 357A of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .').

(2.) Case of the prosecution is as under:

(3.) Prosecution examined PW1 to PW16 as witnesses, Exts.P1 to P24 documents were marked and MO1 and MO2 were got identified as material objects in connection with the case. After closing of prosecution evidence, the appellants/accused were questioned under Section 313 of Cr.P.C. They denied all incriminating circumstance made against them and pleaded innocence. From the side of the defence, DW1 and DW2 were examined and Ext.D1 is marked.