SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2024 Supreme(Online)(KER) 14603

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

&

THE HONOURABLE MR. JUSTICE G.GIRISH

THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946

CRL.A NO. 1089 OF 2016

AGAINST THE JUDGMENT DATED 15.10.2016 IN SC NO.718 OF 2008 OF

I ADDITIONAL SESSIONS JUDGE, THRISSUR

APPELLANT/ACCUSED NO.7:

VARGHESE,

AGED 43 YEARS

S/O.DEVASSY, THARAYIL HOUSE, NELLIKUNNU KARA,

OLLUKKARA VILLAGE, KRISHNAPURAM DESOM,

THRISSUR DISTRICT.

BY ADVS.

SRI.P.VIJAYA BHANU (SR.)

SRI.C.JAYAKIRAN

SRI.V.C.SARATH

SRUTHY K K

RESPONDENT/COMPLAINANT:

STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

ERNAKULAM.

BY PUBLIC PROSECUTOR, SRI. ALEX M. THOMBRA

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25.07.2024, ALONG

WITH CRL.A. Nos.1095/2016 & 1166/2016, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

&

THE HONOURABLE MR. JUSTICE G.GIRISH

THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946

CRL.A NO. 1095 OF 2016

CRIME NO.173/2006 OF Mannuthy Police Station, Thrissur

AGAINST THE JUDGMENT DATED 15.10.2016 IN SC NO.718 OF 2008 OF I ADDITIONAL

SESSIONS COURT, THRISSUR.

APPELLANTS/ACCUSED NOS. 1, 3, 4 and 6 (Accused in custody):

1

JAYAN, AGED 48 YEARS

S/O. PRABHAKARAN,VADAKOOTTU HOUSE,

NELLIKKUNNU KURA DESAM, OLLUKKARA VILLAGE,

THRISSUR DISTRICT.

2

ANILAN, AGED 38 YEARS

S/O. KOCHANIYAN, MUNDUKKARAN HOUSE,

NELLIKKUNNU KURA DESAM, OLLUKKARA VILLAGE,

THRISSUR DISTRICT.

3

RAJESH, AGED 38 YEARS

S/O. ARAVINDAKSHAN, THRIPRAYAR THEKKOOTTU HOUSE,

NELLIKKUNNU KURA DESAM, OLLUKKARA VILLAGE,

THRISSUR DISTRICT.

4

RAJESH, AGED 35 YEARS

S/O. KUNJU, THEKKEPURATH, NELLIKKUNNU KURA DESAM,

OLLUKKARA VILLAGE, THRISSUR DISTRICT.

BY ADV SRI.G.SUDHEER THURAVOOR

RESPONDENT/COMPLAINANT:

STATE OF KERALA

REPRESENTED THROUGH THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM - 682 031.

PUBLIC PROSECUTOR, SRI. ALEX M. THOMBRA

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25.07.2024, ALONG

WITH CRL.A.Nos.1089/2016 & 1166/2016, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

&

THE HONOURABLE MR. JUSTICE G.GIRISH

THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946

CRL.A NO. 1166 OF 2016

AGAINST THE JUDGMENT DATED 15.10.2016 IN SC NO.718 OF 2008 OF I ADDITIONAL

SESSIONS JUDGE, THRISSUR.

APPELLANT/ACCUSED NO. 2:

SANILAN

S/O. EDATTUPARAMBIL BHASKARAN,

NELLIKUNNU KARA DESOM, OLLUKKARA VILLAGE.

BY ADV SRI.M.P.MADHAVANKUTTY

RESPONDENT/COMPLAINANT:

STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

ERNAKULAM.

BY PUBLIC PROSECUTOR, SRI. ALEX M. THOMBRA

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25.07.2024, ALONG

WITH CRL.A.1089/2016 & 1095/2016, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

“CR”

JUDGEMENT

Raja Vijayaraghavan, J. These appeals have been preferred challenging the finding of guilt, conviction and sentence passed by the I Additional Sessions Judge, Thrissur in S.C.No. 718 of 2008. In the above case, nine persons were indicted for having committed offences punishable under Sections 143, 147, 148, 120B, 302 and 302 r/w. Section 149 of the IPC.

2. Short facts: The deceased in this case is one Shameer. In December 2005, an altercation occurred between Shameer and Jayan, the first accused. Jayan was found drinking alcohol in public, which Shameer allegedly objected to, leading to a confrontation. Shameer is said to have hit Jayan on the head with a bottle, causing injuries. As a result, Jayan harboured animosity towards Shameer. The prosecution alleges that the accused Nos. 2 to 7, who are close friends and associates of Jayan, gathered in front of the compound of an unoccupied house belonging to Alappatil Babu and conspired to murder Shameer. Following this conspiracy, the accused Nos. 1 to 7, allegedly formed anunlawfulassembly,andarmedthemselveswithdeadlyweapons, including a chopper and iron pipes, lay in wait in front of a house owned by one Madhavan, located at Door No. TC15/342. When Shameer arrived at the spot, unaware of the presence of the accused, they allegedly attacked him and inflicted multiple injuries. It is alleged that the first accused cut Shameer with a chopper, while the third and fourth accused attacked him with iron pipes. The chopper was then handed over to the second accused, who also inflicted injuries with it. The accused Nos. 6 and 7 used MO1 to MO3 weapons, handed over to them by the accused Nos. 1 to 3, and went on to inflict injuries. As many as 57 injuries were sustained by the deceased. The 5 th accused stood a bit further away guarding the place and did not inflict any injuries. When the prosecution witnesses, cited as PWs 2, 3, and 4, arrived at the scene, the accused threatened them and later fled. The first informant, the nephew of the deceased, also came to the scene. The injured Shameer was transported to Jubilee Mission Hospital, Thrissur in a police jeep., which came to the spot, on receiving information about the incident. Upon arrival, the doctor found him gasping, but there was no pulse or blood pressure. Shameer was pronounced dead at 10:15 p.m. on the same day.

3. Registration of the crime and investigation: After Shameer was pronounced dead, PW1 went to the Mannuthy PoliceStationandlodgedtheFirstInformationStatement (Ext.P1) at 2:00 a.m. on 15.05.2016, based on which the FIR (Ext.P9) was registered by PW.15, Sub Inspector of police, Mannuthy, under Sections 143, 147, 148, 120B, and 302 read with Section 149 of the IPC. Ext.P2 inquest was prepared on 15.5.2016. The accused Nos. 1 to 8 were apprehended at 10:30 a.m. on the same day, and the 9th accused was apprehended on 01.06.2016. The accused was obtained in police custody and based on the information furnished, the clothes worn by accused Nos. 1, 2, 3, and 6 were recovered. PW11, a Police Surgeon attached to the Government Medical College, Thrissur, conducted the autopsy and issued a post-mortem certificate (Ext.P6). In the course of the investigation, it was revealed that the accused Nos. 8 and 9 harboured accused Nos. 1 to 7 and they were included in the array of the accused. The initial investigation was conducted by PW16, and it was later taken over by PW17, who completed the investigation and laid the final report before the Judicial First Class Magistrate (JFCM) - III Thrissur.

4. Proceedings before the Court: After complying with the procedure, the Judicial First Class Magistrate (JFCM) - III Thrissur committed the case to the Court of Sessions, Thrissur. After hearing both sides, the learned Sessions Judge framed charges under Sections 143, 147, 148, 120B, 302, and 302 r/w. Section 149 of the Indian Penal Code. The accused pleaded not guilty to the charges and claimed to be tried. Accused Nos. 8 and





                                                                                                                  Click Here to Read the rest of this document
                                                                                                                  1
                                                                                                                  2
                                                                                                                  3
                                                                                                                  4
                                                                                                                  5
                                                                                                                  6
                                                                                                                  7
                                                                                                                  8
                                                                                                                  9
                                                                                                                  10
                                                                                                                  11
                                                                                                                  SupremeToday Portrait Ad
                                                                                                                  supreme today icon
                                                                                                                  whatsapp-icon Back to top