IMPORTANT POINT
Circumstantial evidence must be cogent and complete to establish guilt; the evidence of an approver requires careful scrutiny and corroboration.

JUDGMENT :

Raja Vijayaraghavan, J.

These appeals have been preferred by the accused Nos. 1, 2, 4, 5 and 6 in S.C.No. 507 of 2013 on the file of the IV Additional Sessions Judge, Thrissur. They were charged along with two others for having committed offences punishable under Sections 120B, 143, 147, 148, 341, 324, 326, 302, 201, 118, 212 r/w. Section 149 of the IPC and Section 27 of the Arms Act, 1959.

2. By the impugned judgment,

A. the accused Nos. 1, 2 and 4 to 6 were found guilty and were sentenced

a) to undergo simple imprisonment for six months and to pay a fine of Rs.1000/- each under Section 143 r/w. Section 149 of the IPC with a default clause;

b) to undergo simple imprisonment for two years and to pay a fine of Rs.5000/- each under Section 147 r/w. Section 149 of the IPC with a default clause;

c) to undergo simple imprisonment for 1 month and to pay a fine of Rs. 500/- each under Section 341 r/w. Section 149 of the IPC with a default clause;

d) to undergo simple imprisonment for three years and to pay a fine of Rs.5000/- each under Section 324 r/w. Section 149 of the IPC with a default clause;

e) to undergo rigorous imprisonment for eight years and to pay a fine of Rs.25,000/- each under Section 326 r/w. Section 149 of the IPC with a default clause;

f) to undergo imprisonment for life and to pay a fine of Rs. 50,000/-each under Section 302 r/w. Section 149 of the IPC with a default clause.

B. the accused Nos. 1, 2, and 4 were sentenced

a) to undergo simple imprisonment for three years and to pay a fine of Rs.5000/- each under Sections 148 of the IPC with a default clause;

C. the accused Nos. 7 and 8, who were charged for having committed offence punishable under Sections 118 and 212 of the IPC were found not guilty and were acquitted of all charges.

D. the substantive sentences were ordered to run concurrently.

Prosecution Case in a nutshell:

3. The accused and the deceased were all residents of the Puthukkad area in Thrissur. Indrankutty (A1), Sibi (A2), and others were friends and members of one gang, while Jamsheer (deceased), Gopi (deceased), and Smithlal (PW1) belonged to a rival gang. Both groups used to frequent the "Mayfair Bar" in Puthukkad. On 04.06.2012, disputes arose between the two gangs, with Jamsheer and Gopi on one side and A1 and A2 on the other. A similar confrontation occurred on 05.06.2012, during which Jamsheer, Gopi and Arun committed mischief by throwing soda bottles and challenged Indrankutty and his gang. Indrankutty and his gang members planned revenge. According to the prosecution, on 06.06.2012, accused Nos. 1 to 6 gathered at house No. IV/417 in Puthukkad Grama Panchayat and conspired to murder Jamsheer and Gopi. Jamsheer, on the other hand, suspecting that police are in hot pursuit for the mischief at the bar, decided to make themselves scarce by hiding in a shed located in a brickfield at Pazhayi Desam, accompanied by Gopi, Smithlal and Pratheesh (PW2). The group began drinking around 2 p.m., and later in the evening, Smithlal used Gopi’s mobile phone to call Sachin (A6), who soon joined them. Sachin inquired about the incidents of the preceding days before eventually leaving. Immediately thereafter, Smithlal decided to return home as his mother was ill. As he was walking along the road lying in the east-west immediately on the northern side of the brickfield and when he had advanced approximately 30 meters, he noticed several individuals coming from the opposite direction. Under the impression that they are police officers coming in search of him, he concealed himself behind a bush. He then identified the approaching group as accused Nos. 1 to 6. They were heading toward the brickfield where Jamsheer and Gopi were hiding. The accused were allegedly armed with knives, iron pipes, and choppers. Smithlal stayed in the same position to save himself. Moments later, he heard cries and screams, which he recognized as Jamsheer’s voice. Shortly thereafter, the accused left the scene along the same path they h