Convictions for conspiracy, abduction, and murder upheld based on circumstantial evidence, establishing guilt beyond reasonable doubt when last seen theory is corroborated with the absence of satisfactory explanations by accused.

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. These Crl. Appeals arise from the judgment dated 14.05.2019 of the Additional Special Judge-IV, Kollam in S.C.No.1524 of 2018, whereby, the trial judge found the appellants, who were arrayed as accused nos.1 to 7 in the proceedings before it, guilty for offences punishable under Sections 120B, 364, 342, 201 and 302 read with Section 34 of the Indian Penal Code [hereinafter referred to as the “IPC”]. The appellants were therefore sentenced to undergo rigorous imprisonment for 10 years each under Section 120B of the IPC; rigorous imprisonment for 5 years each under Section 364 of the IPC; rigorous imprisonment for 5 years each under Section 201 of the IPC; rigorous imprisonment for 1 year each under under Section 342 of the IPC and imprisonment for life and to pay a fine of Rs.1,00,000/- each, in default, simple imprisonment for one more year under Section 302 of the IPC. It was further stipulated that if the fine amount was realised, a sum of Rs.2,00,000/- each would be paid to the parents of the deceased victim and Rs.2,00,000/- paid to PW1, the wife of the deceased, as compensation under Section 357 (1) of the Code of Criminal Procedure. The sentences are to run concurrently, and it is further clarified that the appellants/accused, cannot be released on remission without undergoing a minimum imprisonment of 25 years.

The prosecution case:

2. The prosecution case in brief is that the deceased Renjith Johnson was a friend of the 1^st accused. PW1 Jessy was the former wife of the 1^st accused. She eloped with Renjith Johnson and they were residing together. The 1^st accused asked PW1 to return and join with him and the children. But she refused to return and there was frequent quarrel between Renjith Johnson and the 1" accused. The 1^st accused had enmity towards Renjith Johnson due to the illicit relationship with his wife and he decided to murder Renjith Johnson. From 02.08.2018 to 16.08.2018, he conspired with accused nos.2 to 8 at the house of CW27 at Mayyanadu and the house of accused nos.4 and 6. They assembled near the pond situated at Paramkimamvila Madathil and they had frequent telephone calls in consequence of their conspiracy and their decision to murder Renjith Johnson. The 1^st accused sent accused no.5 to the house of Renjith Johnson and he developed a friendship with him. He telephoned Renjith Johnson from his telephone No.9544530363 to the telephone No.9633442891 on 14.08.2018 and 15.08.2018 and ensured the presence of Renjith Johnson. On 14.08.2018, accused no.7 hired a Chevrolet Beat Car bearing Regn. No.KL-07-BW-1517 from CW16 and on 15.08.2018, accused no.6 telephoned CW7 to ensure the presence of Renjith Johnson. Accused no.5 also telephoned Renjith Johnson to ensure his presence. Accused nos.2 to 5 came to the house of Renjith Johnson at Ayyarumukku near Decent Junction in the hired Beat Car bearing Regn. No.KL-07-BW-1517. Accused no.4 waited inside the car in the driver's seat. Accused nos.2, 3 and 5 went to the terrace of the house of Renjith Johnson under the pretext of purchasing pet birds. Thereafter, accused no.3 returned to the car. Accused nos.2 and 5 offered liquor to Renjith Johnson and assured that the liquor is inside the car. On 15.08.2018 at 3.30 p.m, they managed to bring Renjith Johnson to the car. He was sitting in between accused nos.2 and 5 on the back seat. Accused no.4 was driving the car. When Renjith Johnson came to understand about the danger, accused nos.2, 3 and 5 wrongfully confined him and when he tried to escape,