Back
2017 Supreme(Ker) 832
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.K. ABDUL REHIM, A.M. BABU, JJ.
State of Kerala - Appellant
Versus
Mujeeb Rahman & Others - Respondents
Crl. Appeal No. 1737 of 2009 & Crl. R.P. No. 3024 of 2009
Decided On : 25-07-2017
For the Appellant : Nicholas Joseph, Special Public Prosecutor (Criminal).
For the Respondents:S. Rajeev, K.K. Dheerendrakrishnan, Bechu Kurian Thomas, M. Rishikesh Shenoy, Advocates.
The court held that the prosecution had succeeded in establishing the guilt of accused 1 and 2 beyond a reasonable doubt based on the evidence of eyewitnesses, medical evidence, and the discovery of the weapons used in the crime.
Headnote:
The court set aside the acquittal of accused 1 and 2 for the offenses charged under Sections 302 and 341 of the Indian Penal Code (IPC). The court convicted accused 1 and 2 for the offenses under Sections 302 and 341 of the IPC and sentenced them to imprisonment for life with a fine of Rs. 1,00,000/- (Rupees One lakh only) each and in default to undergo rigorous imprisonment for a period of one year. The court also sentenced them to undergo simple imprisonment for 3 months under Section 341 IPC. The substantive sentence of imprisonment shall run concurrently. Out of the amount of fine, a sum of Rs.1,50,000/- (Rupees One lakh and fifty thousand only) shall be paid as compensation to PW2, who is the present wife of the deceased, under Section 357 (1) Cr.P.C.
Fact of the Case:
The deceased, Najeeb, was stabbed to death by accused 1, 2, and 5 at about 9.30 a.m. on 24-08-2006. The prosecution case was that Najeeb was stabbed to death by the accused due to enmity towards him arising out of harassment caused by him to CW38 and CW39. The accused were charged with offenses punishable under Sections 120B, 324, 114, 341, 302, and 201 read with Section 34 of the IPC.
Finding of the Court:
The court found that the prosecution had succeeded in establishing the guilt of accused 1 and 2 beyond a reasonable doubt. The court held that the evidence on record indicated that both of them had committed criminal acts of inflicting fatal injuries on the body of Najeeb in furtherance of their common intention to cause death or to inflict such injury which are fatal enough to cause death. Therefore both accused 1 and 2 were liable to be punished under Section 302 IPC.
Issues: 1. Whether the prosecution had succeeded in establishing the guilt of accused 1 and 2 beyond a reasonable doubt. 2. Whether the accused were liable to be punished under Section 302 IPC.
Ratio Decidendi: 1. The court held that the prosecution had succeeded in establishing the guilt of accused 1 and 2 beyond a reasonable doubt. The court relied on the following evidence: * The testimony of PW1, the nephew of the deceased, who witnessed the incident and identified accused 1 and 2 as the assailants. * The testimony of PW2, the wife of the deceased, who also witnessed the incident and identified accused 1 and 2 as the assailants. * The testimony of PW3, an independent witness, who saw a person lying injured on the road at the spot of the incident. * The medical evidence, which confirmed that the deceased died due to multiple stab injuries. * The discovery of the weapons used in the crime, based on the disclosure statements of accused 1 and 2. 2. The court held that the accused were liable to be punished under Section 302 IPC. The court held that the evidence on record indicated that both of them had committed criminal acts of inflicting fatal injuries on the body of Najeeb in furtherance of their common intention to cause death or to inflict such injury which are fatal enough to cause death.
Final Decision: The court set aside the acquittal of accused 1 and 2 for the offenses charged under Sections 302 and 341 of the IPC. The court convicted accused 1 and 2 for the offenses under Sections 302 and 341 of the IPC and sentenced them to imprisonment for life with a fine of Rs. 1,00,000/- (Rupees One lakh only) each and in default to undergo rigorous imprisonment for a period of one year. The court also sentenced them to undergo simple imprisonment for 3 months under Section 341 IPC. The substantive sentence of imprisonment shall run concurrently. Out of the amount of fine, a sum of Rs.1,50,000/- (Rupees One lakh and fifty thousand only) shall be paid as compensation to PW2, who is the present wife of the deceased, under Section 357 (1) Cr.P.C.
Abdul Rehim, J.
1. Both the above cases were instituted against the judgment in SC No.241/2007 of the Additional Sessions Court, Fast Track No.III, (Ad-hoc), Manjeri. Criminal Appeal No.1737/2009 was filed by the State represented by the Public Prosecutor of the High Court of Kerala, challenging acquittal of the respondents therein (Accused 1 to 4), who were charged with offences punishable under Sections 120B, 324, 114, 341, 302 and 201 read with Section 34 of Indian Penal Code (IPC). Criminal R.P. No.3024/2009 is a Revision Petition filed under Sections 397 and 401 of the Code of Criminal Procedure (Cr.P.C.) by the defacto complainant (PW1) seeking to set aside the acquittal against the respondents. The petitioner in the revision petition is a close relative of the deceased, Najeeb.
2. Prosecution case in brief is that; Najeeb @ Bapputty (the deceased) was stabbed to death by all the accused (A1 to A5) at about 9.30 a.m. on 24-08-2006. All the accused are the family members of the former wife (CW38) of Najeeb. After divorcing CW38, Najeeb remarried PW2, Sajna. CW38 was residing along with the eldest daughter (CW 39) at her parental house. Two younger daughters were living with Najeeb. Najeeb used to harass CW38 and CW 39. The charge was that, on account of enmity towards Najeeb, due to harassments caused by him to CW 38 and CW39, the accused 1, 2 & 5 assaulted Najeeb at about 8 a.m. on 24-08-2006 and the 5th accused had inflicted a stab injury on his left leg below the knee, with a knife. Najeeb was taken to the Community Health Centre, Edavanna for treatment, from where he was referred to the District Hospital, Manjeri for better management. On the same day at about 9.30 a.m. while Najeeb was taken to the District Hospital at Manjeri in a Maruti Car belonging to PW5, which was driven by PW1, the accused followed them in a Lancer Car which overtook the Maruti Car and stopped in front in a manner blocking the Maruti Car. Accused 1 to 4 pulled out Najeeb from the car and stabbed him several times with knives in their possession, at the public road. Najeeb died due to the severe injuries sustained. The 5th accused inspired accused 1 to 4 to commit the murder and thereafter all the accused threw away the blood stained dresses in Panthalloor River. Therefore all the accused were charged with the offences as mentioned above.
3. Police investigation in the case was initiated based on Ext.P1 ‘First Information Statement’ given by PW1, which was recorded by PW25, Sub Inspector of Police. PW25 registered Ext.P33 ‘First Information Report (FIR)’ at about 12 noon on the date of the occurrence itself. PW27, Circle Inspector of Police, who took charge of the investigation on the same day conducted inquest on the body of Najeeb at 1.45 p.m. and prepared Ext.P2 report. He visited the scene of occurrence and prepared Ext.P17 mahazar on the same day, at about 5.30 p.m. and also recovered some incriminating materials from the scene. He also visited the place of occurrence in front of the Madrassa where the 5th accused had inflicted a stab injury on the leg of Najeeb, on the next day (25-08-2006) at 5 p.m. and prepared Ext.P19 mahazar. Accused 1 & 2 were arrested on the 2nd day after the incident, on 26-08-2006. Based on Ext.P5 (a) disclosure allegedly made by the 1st accused, MO1 knife was recovered by PW27 from a place to where he was led by the 1st accused, by preparing Ext.P5 mahazar, at 4 p.m. on the date of the arrest. Based on Ext.P24 (a) disclosure allegedly made by the 2nd accused, PW27 had recovered MO 2 knife, on the same day by preparing Ext.P24 mahazar. The Lancer Car used by the accused at the time of occurrence was recovered on the basis of Ext.P26 (a) disclosure made by accused 1 & 2, by preparing Ext.P26 mahazar. Accused 3 & 4 were arrested on 03-09-2006. The 5th accused was arrested on 26-09-2006. MO7 knife was recovered based on Ext.P30 (a) alleged disclosure made by the 5th accused, on 26-09-2006 at 11 a.m. by prepari
