RUBAN S/O ESAYYA Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANT in Crl.A.No.1734 of 2009 is the second accused in S.C.No.407 of 2007 on the file of Additional Sessions Court, Thodupuzha. Third respondent in Crl.R.P.No.3413 of 2008 is the first accused therein. Learned Additional Sessions Judge acquitted the first accused and convicted and sentenced the second accused to imprisonment for life and a fine of Rs.15,000/- and in default, rigorous imprisonment for six months for the offence under Section 302 and rigorous imprisonment for ten years and a fine of Rs.5000/- and in default, rigorous imprisonment for six months for the offence under Section 394 of Indian Penal Code.

(2.) CRL.Appeal No.1734 of 2009 is filed challenging the conviction and sentence. PW3, the eldest son of deceased Brijitha was residing 3 km away from the family house. Deceased Brijitha and the second accused were residing in the family house. Second accused was her employee. Prosecution case is that in furtherance of their common intention, of both the first and second accused, they committed the murder of Brijitha, a 63 year old widow, on the midnight of 6.2.2006 and robbed her gold ornaments and cash and thereby they committed the offences under Section 302 and 394 read with Section 34 of Indian Penal Code.

(3.) AS it was not a case for acquittal under Section 232 of Code of Criminal Procedure, learned Additional Sessions Judge directed the accused to enter on their defence and adduce evidence. First accused did not adduce any evidence. Second accused filed a witness list showing names of DW1 and four others including news editors of Asianet Communications and Kairali Communications. Learned Additional Sessions Judge permitted the second accused to examine the first two witnesses. The second accused examined only DW1.