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2021 Supreme(Ker) 233

K.VINOD CHANDRAN, M.R.ANITHA
Jaseer M. K. S/o Kunhu Maraikar – Appellant
Versus
State of Kerala, Rep. by the Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P. Vijaya Bhanu, Sri. P.M. Rafiq, Sri. V.C. Sarath, Sri. M. Revikrishnan, Sri. Ajeesh K. Sasi, Sri. Vipin Narayan, Sri. Thomas J. Anakkallunkal, Smt. Pooja Pankaj, Sruthy N. Bhat.
For the Respondent: Sri. Nicholas Joseph.

Judgement Key Points

The term "454 IPC" refers to Section 454 of the Indian Penal Code, which pertains to "house-trespass in order to commit an offence." Based on the provided legal document, the relevant information regarding this section can be summarized as follows:

  • The case involved a well-planned house trespass that resulted in murder, violence, theft, and destruction of evidence within the residence of the deceased (!) (!) .
  • The evidence established that the accused entered the house unlawfully with the intent to commit theft and other offences, which aligns with the offense under Section 454 IPC.
  • The prosecution demonstrated that the accused trespassed into the house, used violence, and committed murder, which constitutes a clear case of house-trespass with the intent to commit an offence (!) (!) (!) .
  • The recovery of items such as the control panel, hard disc, and other materials from the house further supports the conclusion that the accused entered with criminal intent, fulfilling the criteria of Section 454 IPC (!) (!) .

In essence, the evidence indicates that the accused unlawfully entered the house with the purpose of committing theft and other crimes, which satisfies the ingredients of Section 454 IPC. The case confirms that such house-trespass, especially when accompanied by violence and criminal acts, constitutes an offence under this section.


JUDGMENT :

K. VINOD CHANDRAN, J.

The best laid schemes of Mice and Men oft go awry, an 'lea'e us nought but grief an' pain, For promis'd joy!

[Robert Burns]

1. A seemingly well planned loot motivated by avarice turned sour with death, nay murder of the house owner. Technology led to the arrest of the accused; both the perpetrators and the conspirators, who are left counting the bars. ‘Foresight in vain’ argues the prosecution relying on the direct evidence as also the circumstantial to plug the guilt on the accused, seven in number. The eighth accused was acquitted by the trial Court.

2. The charges are under Sections 120B [criminal conspiracy], 143 [unlawful assembly], 402 [assembly for committing dacoity], 449 [house-trespass for commission of offence punishable with death] 342 [wrongful confinement], 324 [voluntarily causing hurt with dangerous weapons], 396 [dacoity with murder], 302 [murder] and 201 [disappearance of evidence] read with Section 149 of the IPC. A1 and A3 were convicted under Section 120B and Section 302 and the other accused for the offences herein above mentioned except Section 302. The prosecution examined 140 witnesses, marked 266 exhibits and produced 50 materia

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