Shaffique, J.

1. The First Accused In Sessions Case No.193/09 Of The Additional Sessions Judge (Adhoc), Fast Track Court Ii Ernakulam Is The Appellant. He Was Tried For The Offences Punishable Under Sections 120(B), 109, 143, 147, 148, 364, 302, 404, 201, 212, 34 Read With Section 149 Of The Indian Penal Code Along With Accused Nos.2 And 3. The Court Below Acquitted Accused 2 And 3 And Convicted The Appellant After Finding Him Guilty For Offences Under Sections 143, 147, 148, 364, 302, 201 And 404 Read With S.149 Of The I.P.C. He Is Sentenced To Undergo Rigorous Imprisonment (R.I.) For Six Months Under Section 143 Of The I.P.C., R.I. For 1 Year Under S.147, R.I. For Two Years Under S.148, R.I. For 10 Years And To Pay Fine Of Rs. 15,000/- And In Default To Undergo Simple Imprisonment For Two Years Under S.364 Of The I.P.C., Imprisonment For Life And Fine Of Rs. 25,000/- For Offence Under S.302 I.P.C. And On Default Of Payment Of Fine To Undergo Simple Imprisonment For Two Years, R.I. For 3 Years For Offence Under Section 201 Of I.P.C. And To Pay A Fine Of Rs. 5,000/- On Default To Undergo Simple Imprisonment For 6 Months And R.I. For Two Years For Offence Under S.404 Of I.P.C. And Fine Of Rs. 5,000/- In Default Of Which To Undergo Simple Imprisonment For 6 Months. It Was Further Observed That The Substantive Sentences Shall Run Concurrently In The Event Of Remission And Commutation By The Government And He Will Be Entitled To Set Off The Period Of Detention Which He Had Already Undergone. He Was Acquitted Of The Offence Under Sections 120b, 109, 479 And 212 Of I.P.C.

2. The Prosecution Case Is That 14 Persons Hatched A Conspiracy To Kidnap And Do Away With Vidhyadharan, Who Was A Worker In The Indian Oil Corporation (Ioc) Bottling Plant At Udayamperoor. They Arranged An Ambassador Car. While Vidhyadharan Was Going For Work At About 6 Am On 13/9/2003, A Few Of The Accused Armed With Lethal Weapons Caught Hold Of Vidhyadharan, He Was Dragged Into The Vehicle And Was Kidnapped. They Gagged His Mouth With Insulation Tape And He Was Attacked With Lethal Weapons. All Of Them Took The Victim To A Bungalow At Athirappilly Estate And He Was Tortured. He Sustained Severe Injuries And He Died At About 2.45 P.M. On 13/9/2003. The Accused Burnt The Belongings Of Vidhyadharan, Threw Some Of The Articles To Nearby Bushes To Destroy The Evidence. Dead Body Of Vidhyadharan Was Taken In The Boot Of The Car And Abandoned In A Vacant Place At Ambalamedu.

3. The Accused Nos.3 And 7 Were Absconding At The Time When The Final Report Was Filed Before Court. Accused No.13 Absconded At The Time Of Trial.

4. The Case Against Accused Nos.1, 2, 4 To 6, 8 To 12 And 14 Was Tried By The Additional Sessions Court, Ernakulam. Accused No.6 Offered To Become An Approver U/S 306 Of The I.P.C. The Case Of The Absconding Accused Were Entered In The Long Pending Register. The Sessions Court Disposed Of Sessions Case No.474/2006 On 03/04/2009, Convicting Accused Nos.1, 4 And 5 And Accused 8 To 12 And 14 Were Acquitted.

5. Accused Nos.3 And 13 Were Later Produced Before Court And Their Cases Were Taken From The Long Pending Register Which Were Entered As Lp Nos.3/2009 And 21/2008 And Refilled As Sessions Case No.193/2009. Accused No.7 Was Produced Subsequently. His Case Was Entered In The Lp Register As Lp No.21/2008 And The Case Was Renumbered As Sc No.198/2011 And Clubbed With Sc No.193/2009. Accused Nos. 3, 13 And 7 In The Original Charge Were Made As Accused Nos.1 To 3 In Sc No.193/2009. The Court Framed Charge And The Accused Denied Having Committed The Alleged Offences And Faced Trial. Pws 1 To 66 Were Examined On The Side Of Prosecution And They Relied Upon Exts.P1 To P95. M.O.1 To M.O.30 Were The Material Objects Which Had Been Relied Upon. 1st Accused Alone Was Convicted And The Other Two Accused Were Acquitted.

6. The First Accused Was Accused No.3 In Crime No.330/2003. Prosecution Case Is That He Also Participated In The Kidnapping Of The Victim Vidhyadh