Decided on October 06,2017

MADHU Appellant


P.SOMARAJAN, J. - (1.) These are the two appeals preferred against the conviction and sentence imposed by judgment dated 12/12/2012 in S.C. No. 842 of 2007 of the Additional Sessions Judge (Ad hoc II), Kasaragod. Crl.A. No. 533 of 2013 is preferred by accused No. 2 and Crl.A. No. 506 of 2015 by accused No. 1. They were charged under S.341 and S.302 read with S.34 of the Indian Penal Code.
(2.) The prosecution case is that the accused persons, in search of a job, came to Kasaragod District from the southern district of Kerala about one month prior to the alleged incident. On 30/08/2002 at about 8 p.m., accused No. 1 came to the house of PW8 one Janaki while she was alone in that house and sat on the front veranda of the house. On seeing this, the deceased Babu and one Viswanathan interfered and asked him to leave the place. In order to wreak vengeance, on the next day by 7 p.m., accused Nos. 1 and 2 restrained the deceased Babu and beat on his head with a wooden stick. On hearing the screaming, PW1 and PW2 rushed to the place and removed the injured to the Government Hospital, Kasaragod and then to Mangalore Hospital and while undergoing treatment, he succumbed to the injuries at 00.20 hours on 02/09/2002. PW1 thereon went to the Manjeswaram Police Station and gave Ext.P1 FIS, based on which, PW15, S.I. of Police, Manjeswaram, registered Ext.P1(a) FIR. After the completion of investigation, final report was submitted and accused Nos.1 and 2 were charge sheeted for the offence punishable under S.341 and S.302 read with S.34 IPC.
(3.) The learned Sessions Judge found both the accused guilty of the offence punishable under S.302 read with S.34 IPC and S.341 read with S.34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- with a default sentence of two years each for the offence punishable under S.302 IPC. The accused were also sentenced to undergo simple imprisonment for one month each for the offence under S.341 IPC, with a direction to pay the fine amount to PW6, wife of the deceased, as compensation by its judgment dated 12/12/2012.;

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