Decided on December 11,2017

State Of Kerala Represented By The Public Prosecutor Respondents


A.M.Shaffique, J. - (1.) Accused 1 and 2 in SC No. 382/09 on the file of Additional Sessions Judge-I, Mavelikkara are the appellants. They challenge judgment dated 31/3/2012 by which they were convicted for offences punishable under Sections 450, 326, 341, 115, 307, 302 read with Section 34 of Indian Penal Code (IPC). They were sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- each for the offence u/s 302 IPC and in default of payment of fine to under RI for 18 months each. They were sentenced to undergo RI for 10 years for the offence under Section 307 IPC and to pay a fine of Rs.25,000/- each in default of payment of fine to undergo RI for one year each. No separate sentence was imposed for the offence under 326 of IPC. They were also sentenced to undergo RI for 3 years each for the offence under 450 IPC.
(2.) The case against the appellants were charge sheeted in respect of an incident that occurred at 6.45 pm on 3/2/2007. According to the prosecution, the first accused along with accused 2 and 3 criminally trespassed into the courtyard of PW2's house with a sword and inflicted injuries on PW's1, 2, and 5 and commited murder of Kochupennu.
(3.) Kochupennu is the wife of PW2 and mother of PW1, PW4, PW5 and PW6. The prosecution alleges that at about 6 pm on 3/2/2007, 1st accused while coming in a motor cycle deliberately hit Kochupennu with the handle of the motor cycle. On seeing this PW5 came running with a sickle and brandished at 1st accused and he got injured. This incident sparked another incident at 6.45 p.m. by which the first accused armed with a deadly weapon along with accused 2 and 3 had come to the house of PW2 and inflicted injury with the sword stick on the right hand of PW2. He suffered fracture to the bone of the upper arm and also cut injury to the muscles of the upper arm. The first accused with the very same sword stick caused cut injuries on the left hand and left forehead of PW5. He further inflicted cut injuries with the sword stick on the left forehead and left forearm of PW1, who also suffered fracture to the bones of the forehead and left forearm. 2nd accused Gireesh caught hold of Kochupennu on her hand and the 3rd accused on her hair and restrained her. The 3rd accused directed the first accused to do away with Kochupennu. The first accused caused a cut injury with the sword stick on the middle left side of the head of Kochupennu causing fracture to the skull bone and brain matter oozed out through the injury. The injured were taken to the hospital and Kochupennu succumbed to the injuries at 5 am on 4/2/2007.;

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