2019 Supreme(Online)(KER) 11588
HIGH COURT OF KERALA
SUJITH @ VELUMBAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.A 1154/2015
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