KERALA HIGH COURT
Narayanan Pillai, J
Hamza v. State of Kerala
Criminal Appeal | Sessions Case No. 32 of 1971 | Sessions Case No. 52 of 1971 | Sessions Case No. 65 of 1971
1 Twenty seven accused persons who are accused Nos. 1 to 12, 14 to 21,23,24 and 26 to 30 have been tried by the Additional Sessions Judge (Special Court), Palghat, for different offences under the Indian Penal Code as well as under the Indian Arms Act and the Indian Explosive Substances Act. After trial 13 accused persons, who are accused Nos. 1, 2, 8, 9, 10, 11, 12, 15, 17, 18, 20, 23 and 24 had been convicted under S.302, 396, 399, 148, 395 and 447, read with S.149, of the Indian Penal Code and sentenced each to life imprisonment under the first count, each to seven years' rigorous imprisonment under the second count, each to five years' rigorous imprisonment under the third count and each to one year's rigorous imprisonment under the fourth count. No separate sentence was awarded either under S.447 or under S.395 IPC.
2 Of the aforesaid 13 accused persons except accused Nos. 11 and 12, the rest have also been convicted under S.448 IPC., but no separate sentence was awarded
3 The 20th accused was also convicted and sentenced separately for the substantive offence under S.302 IPC. and sentenced to life imprisonment. Similarly accused Nos. 2,8,9 and 20 have been convicted for the substantive offence under S.396 and 395 IPC. and sentenced each to life imprisonment under S.396 IPC. without entering separate sentence under S.395 IPC.
4 Accused Nos. 1,2,8,9,10,11,12,17,20,23,24,26 and 28 have been convicted and sentenced each to life imprisonment under S.120B IPC.
5 Though accused Nos. 1,2,10,15 and 17 have been convicted under S.342 IPC , accused Nos. 2,17 and 20 under S 506 (2) IPC., accused Nos. 9 and 15 under S.427 IPC and accused No, 20 under S.461 IPC, no separate sentence has been imposed on them.
6 Accused Nos. 20,26 and 28 have been convicted under S.4 (b) and S of the Indian Explosive Substances Act, accused Nos. 20 and 26, however read with S.109 IPC. and sentenced each to two years' rigorous imprisonment under S.4(b) without entering any sentence under S.5. The period of imprisonment undergone by the 16th accused up to the date of the judgment of the lower court was found to be sufficient on his conviction under S.411 IPC. The sentences are directed to run concurrently by each of the accused persons.
7 Accused Nos. 15 and 18 have been acquitted of the charge under S.120B, the 24th accused under S.395 and 396 IPC., accused Nos. 26 and 28 under S.148, accused Nos. 8, 20 and 24 under S.342, accused Nos. 1, 8, 10 and 15 under S.506 (2) IPC., accused Nos. 9 and 20 under S.45 IPC and the 9th accused under S.27 of the Indian Arms Act. Accused Nos. 3 to 7, 14, 19, 21, 27, 29 and 30 have been acquitted of all the charges. The State has not come up in appeal against the acquittal. However, the State has filed a criminal revision petition questioning the inadequacy of the sentences awarded to those 13 accused persons, namely accused Nos. 1, 2, 8, 9, 10, 11, 12, 15, 17, 18, 20, 23 and 24 and for awarding enhanced sentence, under S.302 and 396 IPC.
8 There are 36 accused persons in the police charge. Of them only 26 accused persons who are accused Nos. 1 to 26 were only apprehended when the charge was laid. The remaining 10 accused persons are accused Nos. 27 to 30 and six others who were then absconding. As against accused Nos. 1 to 26 committal proceedings were conducted and they were committed to the Sessions which was the subject matter of Sessions Case No. 32 of 1971. Then accused Nos. 27, 28 and 29 were apprehended and they were also committed to the Sessions under another proceedings. Sessions Case No. 52 of 1971 was directed against those three accused persons. Finally the 30th accused was apprehended when he too was committed to the Sessions which is in Sessions Case No. 65 of 1971. Before the trial commenced in the Sessions Court, accused Nos. 1,8,9,11, 12, 13, 20, 22 and 25 had escaped from the jail custody But out of them accused Nos. 1, 8, 9, 11, 12 and 20 were arrested later. Accused Nos. 13, 22, 25 and the six accused in t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.