PRAKASH ALIAS AJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The criminal appeals arise out of S.C. No. 819 of 2001, on the file of the Court of the Sessions Judge, Kollam, Crl. A. No. 1070 of 2004 is filed by the first accused while Crl. A. No. 1071 of 2004 is filed by the second accused.

(2.) Accused No. 3, Sinu, turned out to be an approver and he was tendered pardon under Section 306(3) of the Code of Criminal Procedure.

(3.) The prosecution alleged offences punishable under Sections 302, 376, 394, 404 and 201 read with Section 34 of the Indian Penal Code. The trial Court found accused Nos. 1 and 2 guilty of the offences under Sections 302, 376, 404 and 201 read with Section 34 of the Indian Penal Code. They were sentenced to undergo imprisonment for life under Section 302. rigorous imprisonment for a term of ten years under Section 376, rigorous imprisonment for a term of three years under Section 404 and rigorous imprisonment for a term of seven years under Section 201 of the Indian Penal Code. Accused Nos. 1 and 2 were also directed to pay compensation of Rs. 50,000/- each and, in default, to undergo simple imprisonment for six months. The terms of sentence are to run concurrently.