BHARGAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants question their conviction for offences punishable under Sections 143, 148 and 302 read with S. 149 of the Indian Penal Code, 1860 (in short the 'IPC'). Appellant Bhargavan was sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Section 149, I. P. C. and to pay a fine of Rs. 60,000/- with default stipulation. The other four appellants were awarded similiar custodial sentence but the fine in their cases was Rs. 35,000/- each. No separate sentence was awarded for offences relatable to Sections 143 and 148, I. P. C. The Kerala High Court by the impugned common judgment dismissed the appeals filed by the appellants confirming the conviction and sentences imposed.

(2.) Prosecution version as unfolded during trial is as follows :

(3.) Six persons faced trial. One of them i.e. accused No. 2-Sudhakaran died during the pendency of the appeal on 3-6-9[9] Twenty eight witnesses were examined to further the prosecution version. Santosh (PW-18) was stated to be an eye-witness whereas Anandan, Nalini, Manoharan (P.Ws. 2, 3 and 4 respectively) were stated to be persons before whom the deceased made dying declaration implicating the accused-appellants. Accused persons pleaded innocence and false implication because of previous litigation. A-1 Bhargavan additionally took the plea of alibi to the effect that he was hospitalized at Medical College Hospital, Kottayam at the time of occurrence and the possibility of his assaulting the deceased is improbable. Learned Additional Sessions Judge, Alappuza, found the prosecution version cogent, credible and trustworthy and convicted and sentenced the accused persons-appellants as aforesaid.