Decided on July 26,2016

Baby @ Sebastian And Anr. Appellant
Circle Inspector Of Police, Adimaly Respondents


- (1.) This criminal appeal is directed against the impugned judgment and order dated 09.06.2009 in Crl. Appeal No. 1898 of 2005 passed by the High Court of Kerala at Ernakulam whereby it has allowed the said criminal appeal filed by the respondent herein, by setting aside the order of acquittal passed by the Court of the Addl. Sessions Judge, Thodupuzha, in Sessions Case No.461 of 2001. The High Court convicted both the appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short 'IPC') and has sentenced them to undergo imprisonment for life with a fine of Rs.25,000/- each. In default of payment of fine they shall suffer rigorous imprisonment for two years each.
(2.) Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties: The case of the prosecution is that one young man named Jojo (since deceased), an auto rickshaw driver by profession, was in romantic relationship with a minor girl named Smitha (PW-2) daughter of the appellant no.1. The relationship between the two was vehemently opposed by the girl's family. The appellant no.1 completely ruled out the possibility of marriage between the two and allegedly extended threats to Jojo. After having found the strong opposition from the girl's family with regard to their marriage, Jojo and Smitha (PW-2) planned to elope on 19.07.2000 at about 11 pm. Accordingly, both started at about 11.45 pm from Mammattikkanam Kara. Both the appellants sensed their plan and with a view to foil the same, they followed and intercepted Jojo and Smitha (PW-2).
(3.) Thereafter, allegedly the appellant no.1 caught hold of the neck of Jojo and pushed him down into the paddy field which was filled with mud and water. He sat on his body and the appellant no.2 caught hold of his neck from back side and immersed his face in the muddy water again and again, thereby strangulated and killed him. Manoj (PW-1) residing a little away from the scene of occurrence informed the matter to one Ravi. Ravi, Secretary of the local Gram Panchayat in turn informed the matter to Idukki police Station, Rajakkad.;

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