LAWS(KER)-2020-2-108

SURESH @ SURA Vs. STATE OF KERALA

Decided On February 25, 2020
Suresh @ Sura Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Crl.Appeal No.465/2015 is filed by accused Nos.6 and 7 and Crl.Appeal No.474/2015 is filed by 8 th accused challenging the conviction and order of sentence passed by the II nd Additional Sessions Court, Thodupuzha in SC No.80/2010. By the impugned judgment, accused 6 to 8 were sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- each for offence u/s 364 A r/w 34 I.P.C ., in default, to undergo rigorous imprisonment for one year each. Accused 6 to 8 were also sentenced to undergo rigorous imprisonment for 6 months each for offence u/s 342 r/w 34 IPC . No separate sentence were passed for offence u/s 506(1) in view of the punishment imposed u/s 364 A of IPC . The sentence of imprisonment were directed to run concurrently. The fine amount, if realised, was directed to be paid as compensation to PW2. Set off was allowed subject to S.433 of Cr.P.C.

(2.) The case of the prosecution is that, on account of the animosity between PW3 and first accused, the accused hatched a conspiracy to abduct the son of PW3 for ransom. They contacted PW2 and misrepresented that they are friends of his father. On 27/8/2008 at 7.30 p.m, accused 5 to 8 met PW2 and thereafter abducted him in a Wagon R car. They threatened to kill him and detained him throughout the night and demanded Rs. 30 lakhs as ransom from his father. When the news of abduction appeared in T.V. flash news, the accused released PW2. Thereafter, they destroyed the mobile phones used by them in order to eliminate evidence against them. Thus the accused were charged for offences under Sections 120B, 201, 364A, 468, 471, 506(1) r/w 34 I.P.C.

(3.) The case was originally filed before the Judicial First Class Magistrate Court I, Idukki, which was committed to the Court of Sessions, Thodupuzha and made over to II nd Additional Sessions Court, Thodupuzha.