The case relied on circumstantial evidence, witness testimonies, and forensic reports to establish the guilt of the accused.

JUDGMENT :

Johnson John, J .

This appeal is filed by the accused in S.C. No. 283 of 2012 on the file of the Additional Sessions Judge-II, Thodupuzha challenging the conviction and sentence passed against him for the offences punishable under Sections 302 and 394 r/w Section 34 IPC as per the impugned judgment dated 19.11.2014. The appellant herein was the original third accused and the case against him was split up from S.C. No. 246 of 2002.

2. The prosecution case is that the accused herein, along with 3 other accused persons, in furtherance of their common intention to commit murder and robbery, hired Tata Sumo vehicle bearing reg. No. KL 5E 6433 driven by the deceased Ashraf from the Municipal Taxi stand, Changanacherry on 23.08.2001 at 6.45 p.m. for a trip to Thodupuzha and while the deceased was driving the vehicle along with the accused persons as passengers and when the vehicle reached near Kuzhimattom, the accused persons attacked the driver with a knife and chain and murdered him. Thereafter, the accused persons abandoned the dead body on the side of the road and took the vehicle to their native place in Maharashtra and thereafter sold the vehicle there and thereby, committed the offences as aforesaid.

3. As per the judgment in S.C. No. 246 of 2002, accused Nos. 1 and 4 were found guilty of the offences punishable under Sections 302 and 392 r/w Section 34 IPC and since accused Nos. 2 and 3 were absconding, the case against them was split up. Thereafter, when the accused herein was arrested and produced, this case has been re-filed against him.

4. After the production of the accused and hearing both sides, the trial court framed charge under Sections 302 and 394 r/w Section 34 IPC and when the charge was read over and explained to the accused he pleaded not guilty. Thereafter, the prosecution examined PWs 1 to 30 and marked Exhibits P1 to P35 and MOs 1 to 21 to prove the charge against the accused. Since it is found that the accused is not entitled for an acquittal under Section 232 Cr.P.C., he was called upon to enter on his defence. But no evidence was adduced from the side of the accused.

5. After hearing both sides and considering the oral and documentary evidence on record, the learned Additional Sessions Judge, by the impugned judgment dated 19.11.2014 convicted the accused and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo rigorous imprisonment for 2 years for the offence under Section 302 r/w Section 34 IPC; to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.25,000/- and in default of payment of fine, to undergo rigorous imprisonment for one year for the offence under Section 394 r/w Section 34 IPC.

6. Heard Smt. Indu Susan Jacob, the learned amicus curiae and the learned Special Public Prosecutor Sri. Alex M. Thombra.

7. The learned amicus curiae argued that the prosecution has not adduced reliable evidence to prove the identity of the dead body as that of the deceased in the case and that the circumstances relied on by the prosecution are not cogently and firmly established and it cannot be held that the proved circumstances are incapable of any hypothesis other than the guilt of the accused and therefore, the accused is entitled for the benefit of reasonable doubt.

8. But, the learned Special Public Prosecutor argued that the dead body was found lying in a bush by the side of the road at Thodupuzha on 24.08.2001 and after postmortem, the body was released to PW2, the brother of the deceased, and no challenge was made regarding the identity of the dead body, while cross examining the material witnesses. It is also argued that the prosecution has adduced clear evidence to show that the accused herein, along with the other accused persons, hired the vehicle of the deceased at 6.45 p.m., on 23.08.2001, for a trip to Thodupuzha from Changanacherry Municipal taxi stand and that the evidence of PWs 6 and 7, taxi drivers of Mu