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:

Crl.A.Nos.620 & 1154 of 2015

:-2-:

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 ^nd 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:

Crl.A.Nos.620 & 1154 of 2015

:-3-:

J U D G M E N T

N.ANILKUMAR

, 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

Crl.A.Nos.620 & 1154 of 2015

:-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 o