MIDHUN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals have been preferred by the appellants who are four in number challenging the judgment of conviction and order of sentence passed by the Additional District and Sessions Judge, North Paravur in S.C. No. 461 of 2012 with C.P. No. 12 of 2010 arising out of Crime No. 402 of 2009 of Varappuzha Police Station dated 26/09/2014 by which the appellants were found guilty and sentenced as follows: A1 to A4 were sentenced to undergo rigorous imprisonment for 10 years each for offence under Section 307 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and they were further found guilty for offence under Section 302 read with Section 34 of IPC and each of them were sentenced to suffer imprisonment for life and to pay a fine of Rs.50,000/- (Rupees Fifty Thousand only) with a default stipulation of rigorous imprisonment for three years each. A5 was not found guilty for offence under Section 212 of IPC and was set at liberty. A1 to A4 were not found guilty for offences under Sections 323 and 324 of I.P.C. and were acquitted of those charges. The fine amount, if realized, was directed to be given to PW12 who is the father of the deceased as compensation under Section 357(1)(c) of the Code of Criminal Procedure, 1973 (for brevity 'Cr.P.C.').

(2.) The specific case of the prosecution against the appellants/accused are as under: A1 to A4 had previous animosity towards Manu (deceased herein) and his friends CW1 and CW9. Manu and CW9 had manhandled one Syamkumar, a friend of A1 and Crime No.257 of 2009 under Sections 341, 323, 324 and 506(1) read with Section 34 of IPC was registered against Manu and others. Due to the same, the accused/appellants had ill-will towards Manu and his friends and they intended to kill him. On 12/07/2009 at 09.00 P.M., A1 to A4 in furtherance of their common intention to kill Manu and others, while Manu was talking with CW1 and CW9 at the doorsteps of the Anganavady at Charayamthuruth kara, Kadamakkudy village started quarrelling with CW1, CW9 and Manu. A scuffle took place there. At that time, A1 stabbed CW9 at his abdomen saying " ". Seeing this, CW10 pushed away CW9 and hence the stab only caused a scratch on the abdomen of CW9. Thereafter, A2 Midhun kicked down Manu and A1 Joby stabbed Manu with a knife below his right side of the chest which resulted in serious injuries to two ribs, diaphragm, liver and right kidney. Seeing the same, CW1 intervened. Thereupon, A1 attempted to kill CW1 by stabbing him. When CW1 defended himself with his left hand, he sustained a deep injury on his left wrist. A1 to A4 also manhandled CW1 and CW9 by fisting and kicking. A5 arranged a hiding place at Doha hotel at Seminarippady, Aluva for A1 to A3 who escaped from the scene after the incident and thereby committed offence under Section 212 of I.P.C.

(3.) PW1 to PW30 were examined as witnesses, Exts.P1 to P45 series documents were marked and MO1 to MO17 objects were identified by the prosecution to prove their case. Exts.D1 to D6 were marked from the side of the defence. During examination under Section 313 of Cr.P.C., the accused denied all incriminating circumstances shown against them. A1 to A4 stated that they were not present at the scene of occurrence. A1 specifically stated that he was falsely implicated by the people of the colony. A2 stated that he did not know as to why he was implicated in the case. A3 stated that the witnesses are telling lies. A4 stated that he is innocent. No evidence was adduced by the defence.