IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR TUESDAY, THE 03RD DAY OF SEPTEMBER 2019 / 12TH BHADRA, 1941 CRL.A.No.620 OF 2015 AGAINST THE JUDGMENT IN SC 135/2012 DATED 27-03-2015 OF I ADDITIONAL SESSIONS COURT, ERNAKULAM (CP 3/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERUMBAVOOR)

(CRIME No.1096/2011 OF Kalady Police Station)

APPELLANT:ACCUSED No.1:-

HENDRY JOSE, S/O.HENDRY, KURUPPATH HOUSE, KONGORPILLY KARA, AIANGAD VILLAGE, NOW RESIDING NEAR MANACKAPPADY JUNCTION, PUTHIYEDAM KARA, KANJOR KIZHAKKUMBHAGOM VILLAGE.

BY ADVS.

SRI.RENJITH B.MARAR SMT.RESHMI JACOB SRI.K.V.SABU RESPONDENT:COMPLAINANT :-

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY SR.PUBLIC PROSECUTOR -SRI.ALEX M.THOMBRA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 09-08-2019, ALONG WITH CRL.A.1154/2015, THE COURT ON 03-09-2019 DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR TUESDAY, THE 03RD DAY OF SEPTEMBER 2019 / 12TH BHADRA, 1941 CRL.A.No.1154 OF 2015 AGAINST THE JUDGMENT IN SC 135/2012 DATED 27-03-2015 OF I ADDITIONAL SESSIONS COURT, ERNAKULAM (CP 3/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERUMBAVOOR)

(CRIME No.1096/2011 OF Kalady Police Station)

APPELLANT: 2 n d ACCUSED :-

SUJITH @ VELUMBAN, S/O.KRISHNAPPAN, VELUTHEDATH VELI COLONY, PUTHIYAKAVU HARIJAN COLONY, PATTANAKKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. (C.No.2353, CENTRAL PRISON, VIYOOR.)

BY ADVS.

SRI.LAVARAJ.M.G.

SRI.E.V.GEORGE RESPONDENT:COMPLAINANT :-

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY SR.PUBLIC PROSECUTOR -SRI.ALEX M.THOMBRA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON

09-08-2019, ALONG WITH CRL.A.620/2015, THE COURT ON 03-09-2019 DELIVERED THE FOLLOWING:

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J U D G M E N T

N.ANILKUMA R, J:

Appellant in Crl.A.No.620/2015 is the first accused in S.C.No.135/2012 on the file of the First Additional Sessions Court, Ernakulam. Appellant in Crl.A.No.1154/2015 is the second accused therein.

2. The case is chargesheeted by the Circle Inspector of Police, Kalady against the appellants and six others in Crime No.1096/2011 of the Kalady Police Station for the offences punishable under Sections 323,308,302,212,419, 120B,109 and 34 of the Indian Penal Code, 1860 (for short 'the IPC').

3. By judgment dated 27.3.2015, the court below convicted and sentenced A1 and A2 for the offence punishable under Section 302 r/w 34 of IPC and sentenced to undergo imprisonment for life and to pay a fine of `50,000/- each, in default to undergo rigorous imprisonment for six months each. If the fine amount is realised, the court below directed to pay the amount to the wife and children of the deceased Sabu as compensation under Section 357(1) of Cr.P.C. The court below further sentenced A1 to :-4-:

undergo one year rigorous imprisonment for the offence under Section 308 IPC and he was further sentenced to undergo rigorous imprisonment for three months more for the offence punishable under Section 323 of IPC. The above sentence of A1 was ordered to run concurrently. A1,A2 and A5 were found not guilty of the offence punishable under Section 120B read with 302 of the IPC and they were acquitted for the said offence. A5 was found not guilty of the offence punishable under Section 109 read with 302 of IPC and he was acquitted for the said offence. A3,A5,A6,A7 and A8 were found not guilty for the offence punishable under Section 212 of IPC and they were acquitted for the said offence. A3 was found not guilty for the offence punishable under Section 419 of IPC and he was acquitted for the said offence. A3,A5,A6,A7 and A8 were found not guilty for all the offences charged against them and they were acquitted for the said offences. Challenging the conviction and sentence, the accused 1 and 2 preferred the above appeals.

4. The pros