ROSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED No. 1 in Crime No. 476 of 1999 of the Alappuzha north Police Station is the appellant herein. The Additional Sessions Court, alappuzha in S. C. No. 266 of 2001 had convicted and sentenced him to undergo imprisonment for life for offence punishable under section 302 IPC and to undergo Rigorous Imprisonment for two months for the offence under section 447 ipc. The sentences were to run concurrently. Although there were five accused, the second accused stands acquitted. ACCUSED Nos. 3 to 5 were found guilty of offence under Section 447 of IPC alone.

(2.) ACCORDING to the appellant, the Sessions Court had entered a perverse finding resulting in gross miscarriage of justice. The evidence adduced by the prosecution materially differed from the charge framed. There was only evidence of PW1 and PW2 forthcoming as supporting the case of prosecution, but inconsistencies were numerous. ACCORDING to him, unknown miscreants have been party to the crime and because of external influence, innocent persons, including him, had been implicated.

(3.) PROSECUTION claims that Sugathan had been removed to the hospital at the instance of the neighbourers, who had rushed in, hearing the cry of his son and wife viz. , PW1 and PW2. A First Information Report had thereupon prepared at 10. 45 p. m. on the date, duly taking notice of the First Information Statement made at 9. 30 p. m. on the night of the incident, given by PW1. It is indicated that the First Information Report had been presented before the Court at 4. p. m. on 22. 9. 1999. A crime had been registered as 476/99 under sections 143, 147, 148, 302, 324 and 447 read with section 149 of the Indian Penal Code.