SUNIL, S/O NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the 1st and 2nd accused respectively in S.C.No.967/2013 on the file of the Additional Sessions Court, Irinjalakuda for the offences punishable under Sections 341, 323, 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC).

(2.) By judgment dated 26.10.2016, the learned Additional Sessions Judge convicted and sentenced the 1st accused to undergo life imprisonment and to pay a fine of Rs.50,000/- and in default of payment of fine to undergo rigorous imprisonment for six months more for the offence under Section 302 of the IPC. For the offence under Section 323 of the IPC, the learned Sessions Judge convicted and sentenced the 1st accused to undergo simple imprisonment for one month and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for one month more. The second accused was convicted and sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for one month more for the offence punishable under Section 323 of the IPC. The 1st accused was acquitted for the offence under Section 341 of the IPC and the 2nd accused was acquitted for the offences under Sections 302 and 341 of the IPC.

(3.) Prosecution case in brief is hereinbelow:- The 1st accused Sunil is none other than the son-in-law of the deceased Babu and the husband of PW6. The 2nd accused is the brother of the 1st accused. Right from the very beginning, the 1st accused had been regularly harassing his wife-PW6. On 06.11.2012, the 1st accused had inflicted injuries on PW6. The deceased intervened in the matter and PW6 was admitted in a hospital. While so, the deceased forcibly took elder child from the house of the 1st accused. On 07.11.2012 at 8.30 pm., the deceased again went to the house of the 1st accused and made an attempt to take away the younger child. Following this, the 1st accused in furtherance of his common intention with the 2nd accused stabbed the deceased with MO1 knife. The deceased was taken to the hospital and he succumbed to the injuries later. Hence it is alleged that accused 1 and 2 have committed the offences punishable under Sections 341, 323 and 302 read with Section 34 of the IPC.