ABDUL ANSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of conviction and order of sentence dtd. 28/4/2006 passed by the Additional Sessions Judge (Ad hoc)-I, Kottayam in S.C.No.32 of 2006. The appellants were found guilty and convicted for the offence punishable under Sec. 308 read with Sec. 34 of the Indian Penal Code, 1860. They were sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000.00 with a default sentence of rigorous imprisonment of six months. The amount of fine, if realised, was directed to be paid to the injured, PW1, as compensation under Sec. 357(1) of the Code of Criminal Procedure, 1973.

(2.) In these appeals, filed under Sec. 374(2) of the Code, the conviction and sentence of the appellants are impugned on the ground that without there having any evidence regarding the way in which the incident occurred and also the identity of the appellants, the trial court has convicted and sentenced them and thereby committed illegality.

(3.) There were three accused in the case. The 1st accused was acquitted of all the charges. The 2nd accused and 3rd accused, who are convicted, filed Crl.Appeal No.913 of 2006 and Crl.Appeal No.915 of 2006 respectively. Both the appeals having arisen from the same judgment, are disposed of by this common judgment. The appellants are referred to as the 2nd accused and 3rd accused for convenience.