Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Present: Sri. K.P.Sudhir, B.Sc., LL.M., I Additional Sessions Judge
Tuesday, the 16th day of June, 2015/26th day of Jaishta, 1937
Sessions Case No.110/2011
(C.P. 52/2010 of J.F.C.M. No. II, Thrissur)
Complainant: State – Circle Inspector, Thrissur West police station
Rep. by Addl. Public Prosecutor (Cr.No.223/10 of Anthikkad P.S.)
Rep. by Addl. Public Prosecutor Vinu Varghese Kachappilly
Accused:
A1. Alex, aged 30/2015, S/o. Antony,
Mangalampully house, Manakodi
desom, village.
A2. Sanoop, aged 26/2015, S/o. Jayarajan,
Vadakkoot house, Veluthur
desom, Veluthur village.
A1 By Adv. K.N. Ajayakumar.
A2 By Adv. K. Bhavadasan.
Offence : Under Sec. 302 r/w Sec. 34 IPC.
Plea of accused : Not guilty. guilty
Finding : Guilty.Guilty
Sentence or order : Each of the convicts A1 and A2, is awarded the
following punishment: Imprisonment for life and to pay
fine of Rs.5,000/, in default of payment of fine
imprisonment for 3 months, under section 302 r/w 34
IPC. Entitlement for setoff of remand period is subject
to invocation of section 433 and 433A Cr.P.C. by
appropriate authorities.
This Sessions case having been finally heard on 28.05.2015 in the
presence of counsel appearing on either side and having stood over for
consideration till this day the court delivered the following:
2
J U D G M E N T
Accused are prosecuted for offence punishable under section 302
r/w 34 IPC on a final report filed by the Circle Inspector of Police, Thrissur
West, in crime 223/2010 of Anthikkad police station.
2. Case of the prosecution is that the accused herein along with
two juveniles in conflict with law (JCL) had been troubling women and
natives after taking drinks and ganja, in the place called Kunnathangadi and
nearby places. Deceased Suresh objected and challenged the conduct of the
intention to wreak vengeance and kill Suresh, had on 21.3.2010 at about
19.15 hrs, on the western side of Parakkad Ayyappankavu road leading from
Kunnathangadi road junction, in Velathoore village, attacked the deceased by
beating, fisting and stabbing with knife and killed him. Crime was registered
on the basis of the statement of CW1, late Arumughan, the father of the
deceased. PW12, the Circle Inspector of police completed investigation and
laid charge sheet against the accused before the JFCM CourtII, Thrissur.
Case was received on file as CP 52/2010. Accused were served with copies of
committed to the Court of Sessions, Thrissur under section 209 Cr.P.C. Case
received on file as SC 110/2011 was made over to this court under the orders
of the Sessions Judge. Accused A1 who is in judicial custody was produced
3
before this court. A2 who was on bail appeared before this court. Later, A2
was remanded to judicial custody in another case and thereafter he was also
counsel.
describing the charge against the accused and the evidence proposed to prove
their guilt. Prosecution records and documents perused. Submissions of the
learned defence counsel and prosecution heard. Charge was framed for the
aforesaid offence. Charge was read out and explained to the accused. They
pleaded not guilty.
4. Prosecution examined PW1 to PW12. Ext.P1 to P20 and MO1
to MO5 were marked. Accused were examined under section 313 Cr.P.C. after
the close of prosecution evidence. Both the prosecution and defence were
heard. There was no ground to favour the accused with order of acquittal
under section 232 Cr.P.C. Accused were called upon to enter on defence and
tender evidence, if any. Defence took the opportunity to recall PW10, the
police surgeon and further cross examine him with Ext. P10 report of
Arguments heard. Learned defence counsel referred to decisions reported in
1982 SCC (Cri) 256 (Manzoor v. State of UP), 2009 Cri.LJ 3971(Motilal v.
State of Rajasthan), 2002 SCC (Cri) 616 (Sukhbir Singh v. State of Haryana),
4
1994 SCC (Cri) 1694 (Shivalingappa Kallyanappa v. State of Kerala), 1979 SC
1127 (Kanan v. State of Kerala).
5. Learned defence counsel referred to Principles and Practice of
Forensic Medicine by Dr. Methane. Learned prosecutor referred to American
Journal of Forensic Medicine & Pathology and International Journal of Legal
Medicine.
6. Points to be considered :
1.Whether Suresh died of homicide?
2.Whether prosecution could prove the incident alleged?
3.Whether the accused herein had attacked the deceased
and caused fatal injuries with a deadly weapon of
offence?
4.Whether the accused herein had acted in furtherance of
their common intention to kill the deceased?
5.Whether the accused are guilty of murder?
6.If guilty, what shall be the punishment?
7. Prosecution evidence: PW1, Sajeesh, deposed that the incident
took place on 21.3.2010 at about 7.15 pm, on the road leading Parakkad
Ayyappan temple from the road junction at Kunnathangadi centre. He had
reached Kunnathangadi from his house to buy provisions. It was a Sunday.
hear that there was affray and fight in the centre. Himself and Siju rushed to
the place. They could find four persons beating Suresh. Suresh fell down but
5
got up. Thereupon accused(A2) Sanoop took the knife held by accused(A1)
Alex and stabbed on both sides of the chest of Suresh. A1 took back the knife
from A2 and stabbed on the back of Suresh. Accused then brandished the
knife at the persons who gathered at the place and threatened them. A bus
came there. 3 of the assailants got in the bus and left the scene. The other
assailant ran away towards west.
8. Suresh had sustained stab wounds on his chest, sides of his
injuries before he reached the hospital. The place of incident is near to the
road junction. There are shops including a bakery named Cuckoo bakery
nearby. The place is well lit in the evening from the street light and lights
from the shops. PW1 had gone to the hospital on the next day and witnessed
the inquest. He showed the place of incident to the police. The incident took
place on the road in front of Cuckoo bakery. The road leading to Parakkad
Ayyappan temple lies straight. Police had gathered blood stained earth from
the place. PW1 further said that the accused had used MO1 knife to stab the
deceased. He identified A1 and A2 as those of his native place. According to
PW1, A1 was involved in use and sale of ganja and pick pocketing. Deceased
and others in the locality had objected to the conduct of the accused and that
was the reason for the attack. MO and MO3 are identified as the blood
6
stained clothes worn by the deceased.
met PW1 in Kunnathangadi. They were engaged in conversation till 7.10 pm.
back. He found Suresh being attacked by Ajoy, Sachin, Sanoop(A2) and
Alex(A1). They beat and fisted Suresh. A1 had a knife in his hand. A2 took
it and stabbed Suresh with it 34 times. A1 then took back the knife and
stabbed on the back of Suresh. Suresh had bleeding injuries. He fell down.
Blood was there on his shirt and dhothi. PW2 tried to prevent A1. A1 then
slashed his knife and threatened all who were around. Bus named Kiran
came from Kanjany side. Accused A1, A2 and Sachin got in the bus. Other
one ran away towards west. Suresh who was lying injured was taken to
hospital in an autorickshaw by persons named Ragesh, Siju and Sunny. PW2
attended the inquest conducted by police on the next day at West Fort
Hospital. He went to the place of incident and saw the police inspecting the
scene, gathering blood stained soil and preparing Ext. P1 mahazhar. He
signed it as a witness. He affirmed that there was street light and light from
Cuckoo bakery. He identified MO1 as knife used by the accused to stab the
deceased.
10. PW3, Sudhakaran, deposed that on 21.3.2010, at about 7.30
8 hrs in the evening, he had boarded the bus named Kiran, from
7
Chettupuzha. While travelling on board, he heard a commotion from the back
side of the bus. 23 persons there involved. They got down from the bus at
Olari centre. He noticed blood on their body. PW3, identified the accused A1
and A2 as the two among them who got down from the bus at Olari.
11. PW4, Rajesh, deposed that he is a resident in Peringottukara.
He is the elder brother of deceased Suresh. He got information about the
death of Suresh at about 8.45 hrs in the night on 21.3.2010. It was Sajeesh
who informed him about the incident. Sajeesh called him and his father to
tell about the same. Next day, he went to West Fort Hospital, Thrissur and
identified the body of the deceased. He was present at the time of inquest.
MO2 to MO5 are the clothes found on the body. He noticed wounds on the
chest, back and head of the deceased. It was his father who gave statement
report.
Anthikkad, Arumughan (father of PW4) had come to the station on 21.3.2010
and tendered Ext. P2 FIS regarding the incident. PW9 registered crime on the
basis of Ext. P2 as per Ext. P8 FIR. PW11, the Circle Inspector took up
prepared Ext. P3. He effected seizure of MO2 to MO5 clothes found on the
8
body of the deceased.
13. PW10, the deputy police surgeon, Medical college, Thrissur
mortem injuries on the body. The deep wound on the back was identified as
the cause of death. He affirmed that MO1 knife can cause the injuries No. 6
to 19 mentioned in Ext. P9. Blood of the deceased was taken for analysis.
Ext.P10 is the chemical report. It showed 492.33mg % of ethyl alcohol in the
blood. Alcohol in such quantity would make a person incapable to take care
of himself.
prepared Ext. P1. PW8, Sankarankutty, police official attached to the office
of the Circle Inspector, Thrissur West, signed Ex.P1 as a witness. The scene is
located as the place at which one would turn to Parakkad Ayyappankavu road
from the Kunnathangadi road junction. The place is 9 metres onto the north
of the road junction and 2.6 metres onto the east from the north eastern wall
Cuckoo bakery situated on the western side of the Ayyappankavu road at the
turning from the junction. The western tar end and surroundings area is the
place of incident. He gathered blood stained soil from the scene. MO6 is the
packet which contains blood stained soil. PW11 filed Ext. P11 report
revealing the name and details of the accused. On 29.3.2010 he arrested JCL
9
Ajay and produced him before the Juvenile court.
15. PW12, succeeded PW11 and pursued further investigation.
He arrested A2 on 24.5.2010 at 9 am from near Newcastle bar, Ottupara. Ext.
P6 is the arrest memo. He was identified by witnesses. Ext. P12 report was
filed reporting the full details of A2. Ext. P13 is the notice issued intimating
his arrest. Then on 10.6.2010 at 6 pm, A1 was arrested from the railway
the Circle Inspector signed Ext. P7 as a witness. Ext. P17 is the telegram
receipt received for sending intimation about the arrest of A1. Ext. P20 is the
medical certificate obtained for A1 after his arrest. According to PW12, while
in custody, A1 gave confession to the effect that he hid the knife in the bush in
a paramba in Olari and he could show the place and take out the knife. As
led by A1, on 11.6.2010, at about 9 am, PW12 reached the place from where
A2 took out MO1 knife from inside the bush and handed over the same to
PW12. Same was seized as per Ext.P4 in the presence of witnesses. PW6 and
PW8 signed Ext. P4 as a witnesses. PW6 deposed that he was studying in
passed Olari and reached near Legal Meterology office. He saw a police jeep.
Accused A1 got down from its back side. A1 went to a bush behind a vacant
was prepared from the place and he signed. PW8 said that he had been with
10
Chembola veettil Surendran situated onto the north of the road in front of
Pullazhi village office, Aranattukara. A1 took out MO1 and handed it over to
the Circle Inspector. PW12 filed Ext. P15 report to add in the details of A1.
16. PW12 had submitted Ext. P16 and P18 lists for production of
material objects before court. Ext.P19 is the forwarding note submitted to
send MO1 to MO6 for chemical analysis. PW7, the village officer, inspected
the scene and prepared Ext. P5 sketch on the basis of the scene mahazhar.
17. Defence: According to the learned defence counsel they were
not supplied with copy of Ext.P10 earlier. That caused prejudice and denied a
chance to put forth a proper defence. Defence relied on the treatise in
492.33 mg% alcohol in blood would be dead. Further it is argued that the
whole story had been concocted by the police and prosecution. The witnesses
Witnesses and accused work in rival political parties. That there was delay in
registering crime. The incident did not take place as alleged at the time and
place mentioned by the prosecution. The real offenders were not booked and
accused were falsely implicated. That the prosecution witnesses are not
reliable.
18. Learned defence counsel referred to the following case laws:
11
Kallayanappa v. State of Karnataka), 2002 SCC (Cri) 616(Sukhbir Singh V.
SCC(Cri)356 (Manzoor v.State of UP) in support of their arguments.
about the incident. Their evidence would reveal that injured Suresh was taken
to West Fort Hospital, Thrissur, from the place of incident within no time. He
died in the night. Inquest was conducted on the next morning by PW11, the
Circle Inspector. Ext. P3 is the inquest report. Body was sent to Govt.
Sankar, Deputy police surgeon, conducted postmortem examination from 12
noon to 1.30 pm. He noted the following antemortem injuries on the body
of the deceased,
1. Abrasion 11x4.5cm on right side of forehead and head
left ear, oblique, upper inner edge 3cm outer to midline
and 05cm below lower eyelid
3. Abrasion 2x0.2cm on left side of forehead, inner end
5cm outer to midline and 1.5cm above eyebrow
4. Abraded contusion 2x1x0.1cm on inner aspect of lower
12
lip across the midline corresponds to central incisors
5. Contusion 3.5x2x0.5cm on inner aspect of upper lip,
chest lower inner edge 1.5cm outer to midline and 8.5cm
below collarbone, inner end was blunt,outer end sharply
cut Underneath this injury, subcutaneous tissue and
intercostal muscles cut for 2x0.5cm in between 2nd and
3rd rib with infiltration of blood around.
9. Superficial incised wound 1cm long on left side of front
of chest oblique, lower inner end 4.5cm outer to midline,
6cm below collarbone
10. Incised wound 1.8cm long on left side of front of chest,
13
side of chest, outer upper end was 17cm outer to midline
and 22cm below collarbone below anterior axillary fold
13. Incised wound 4cm long on back of upper part of left
left side of chest oblique, lower inner end 5.5cm outer
to midline and 15.5cm below shoulder, inner end was
sharply cut and outer end was blunt.
Underneath this injury, the wound entered chest cavity
cutting transversely the subcutaneous tissue and
muscle fibers and upper border of 7th rib(2x0.1cmP).
The wound had also cut the posterior surface of lower
lobe of left lung(2.2cmx1x0.5cm) and anteriolateral
surface of descending aorta(2cm) long transversely in
its full thickness. The wound was directed forwards
14
and downwards and to the right. The thickness of skin
and subcutaneous tissue was 1cm and that of rib was
0.8cm. Total minimum depth of wound 2.3cm. Left
lung collapsed. Chest cavity(left) contained 2 litres of
blood.
15. Incised wound 1.8cm long on back of left chest,
end 1cm outer to midline, 27 cm below root of neck
17. Incised wound 3.5cm long and 11.5cm gaping on back
of left chest transverse, inner end 11cm outer to midline,
20 cm below shoulder. Injury Nos. 14,15,16 &17 were
placed over an area16x14cm on back of left side of chest
18. Superficial incised wound 2.5x1cm on back of left
shoulder
19. Superficial incised wound 2x1cm on back of left
shoulder 4cm outer to injury No.18.
20. Police surgeon opined that the death was due to incised
penetrating wound sustained to back of chest(injury No.14). He said that
MO1 can cause injuries noted as No. 6 to 19. Injury No.14 is sufficient to
cause death in the ordinary course of the nature. Injury No.14 which cut the
descending iota and lungs could be considered as necessarily a fatal injury.
21. PW10, had preserved viscera and blood for chemical analysis.
15
Ex.P10 is the chemical report obtained. It showed that ethyl alcohol was
detected from the blood and viscera. Blood contained 492.33 mg % of
alcohol. He opined that such quantity of blood is sufficient to put the person
in incapacitated state.
22. Learned defence counsel has come with a case that person
who had that much high quantity of alcohol would have been dead. For this
Dr.Umadathan states that a person having consumed alcohol between 300
400mg is described as a person drunk and a person having consumed alcohol
more than 400 mg will be dead. PW10 when confronted with this did not
agree with the said statement. He referred to following pages in the same
occur due to respiratory paralysis when the blood alcohol concentration is
above 400mg %. There is considerable variation in the individual reaction
towards alcohol”. PW10 could also recollect and depose that Dr.Parik, another
Indian author in the field had reported that “recovery has been reported in a
alcoholism rarely causes death.”
23. In the autopsy report PW10 had not reported that deceased
had consumed alcohol. The contents in stomach were partially digested rice
16
particles, without unusual odour. Had he consumed alcohol there is every
consumption of alcohol. organs did not suggest that deceased had the habit
deceased was an activist against use of drugs and intoxicants. When contents
in stomach did not suggest consumption of alcohol, how the blood sample
Investigating officer had not bothered to ponder on it. Learned prosecutor
could refer to certain research papers published in International Journal Legal
Forensic Medicine & Pathology March 1996Volume 17issue 1 pp 820 where
samples if the preservation is inadequate. On the title,'In vitro formation of
ethanol in autopsy samples containing fluoride ions' , a case is reported about
a death of diabetic man where the concentration of ethanol in postmortem
blood rose from 0.4g/12 days after autopsy to 3.5g/10days after autopsy. The
presence of fluoride ions in this blood sample was determined with ion
chromatography and verified that fluoride ions were added to the vials. The
than the recommended 1%w/v. However, the amount of fluoride ions bound
17
to calcium, proteins and other compounds in the samples is unknown. The
blood sample was also subject to microbiological examination, which revealed
glucuronide was analysed. Its absence, in the blood as well as the urine
sample, strongly supported the theory that, in that case, all the ethanol
detected was formed postmortem. It showed that ethanol may be formed in
vitro at a very high concentration, despite the verified presence of fluoride
ions. Possible reasons for this unusual formation of ethanol were the
insufficient amounted of fluoride added to the vials.
24. In the article with heading 'Postmortem Production of Ethanol
follows: Ethanol analysis is the most frequently performed assay in forensic
bacteria, yeast, and molds are capable of producing ethanol from a variety of
storage temperature and the interval between death and autopsy increases. It
is often difficult to distinguish between postmortem ethanol production and
18
criteria for the identification of postmortem ethanol synthesis and factors to
include case history, condition of the specimens, types of microbes present,
atypical fluid and tissue distribution of ethanol, the concentration of ethanol
present, and the detection of other alcohols and volatiles. With careful
source of ethanol, whether it be from antemortem ingestion or postmortem
production, can be made.
25. Learned defence counsel would argue that copy of Ext. P10
was not made available to the accused and it was pressed into service by the
prosecution only at the time of examining PW10. Ext. P10 had been received
in the JFCM court on 19.1.2012 and sent to the Court of Session on 1.8.2012.
It was a document available with court records long before the charge was
framed. In fact the prosecution was fair enough to bring Ext. P10 in evidence.
26. The evidence of PW10 that the death was caused by injury
No.14 in the postmortem certificate is not a fact which could be disputed.
Several other ante mortem injuries found on the body of the deceased, many
of which could be caused using MO1, go in conformity with the evidence of
'unless medical evidence in its term goes so far as to completely rule out all
19
possibilities what so ever of injuries taking place in the manner stated by the
eyewitnesses, the testimony of eyewitness cannot be thrown out. It is trite
conclusive. Further PW10 did not agree to the defence theory in this case. It
is therefore found that the prosecution could successfully prove that death of
prosecution.
27. Point No.2 to 4: PW1 and PW2 are the witnesses who spoke
about the incident. There is the evidence of PW3 who had seen the accused
in the bus which stopped at the stop near to the place of incident and took
passengers. Accused were found in the bus some time after the incident.
PW11, the Circle Inspector of police had inspected the scene and prepared
Ext.P1 scene mahazhar as shown by PW1. The place of incident is located on
the western tar end of the road leading towards north from Kunnathangadi
road junction at a distance of 9 metres from the junction and 2.6 metres onto
the east of the northeastern wall of the building wherein in Cuckoo bakery is
functioning and its surrounding area. The road towards north leads to
from the place. This evidence belies the theory of the defence that actual
incident took place elsewhere.
20
28. The defence case is that the accused herein had been falsely
implicated after deliberation by their political rivals. That the police had
given enough room for the said persons to concoct a case. Defence would
argue that police had been lackadaisical in pursuing investigation since they
were not sure about the identity of the offenders. Police who had chance to
get information from the eye witnesses to the incident did not record a first
information from them. Instead they went to the residence of the deceased
some time later to meet the father of the deceased and record a first
information statement on hearsay materials. Further the FIR was received the
JFCM Court only on 23.3.2010, that is, a day after PW11 took up
defence to argue that true case had not been brought before court. It is true
that defence could succeed in its argument that FIR in this case has lost its
value. But that by itself would not be a reason to doubt the evidence of PW1
and PW2 the witnesses examined to speak about the incident.
reached the place of incident on hearing commotion while they were on their
way to home after friendly talks when they met. It shows that they were not
at the place of incident when the incident started. So it is quite natural that
they could speak only about latter part of the incident. It has come in
evidence the people had gathered at the place and they were threatened by
21
scene. PW11 did not make any efforts to find out who really were at the
place when the incident started and how it started. But his laches would not
aid the defence to argue that PW1 and PW2 could not be relied. It has to be
reckoned that PW1 and PW2 had spoken only about what they really saw.
There are many number of injuries on the body of the deceased. There were
four assailants including the accused herein. Other two were JCLs. PW1 and
PW2 were specific on the point that they had seen A1 and A2 stabbing the
corresponded to the overt acts spoken by the witnesses against the accused
herein.
30. PW1 had seen 4 persons including the accused herein beating
the deceased. Deceased fell down. When he managed to get up A2 Sanoop
took the knife held by A1 and stabbed the deceased repeated only both sides
of his chest. PW10 the police surgeon had noted incised wound corresponding
to the said overt acts of stabbing with knife. According to the defence the
injuries were incised wounds which would be possible when cut with sharp
weapons and penetrating wounds would the injuries caused when stabbed. It
cannot be always so. It depends upon the point and angle of contact of the
weapon with body. Object of stab was not inanimate and stationary one to
cause only penetrating injuries.
22
31. It has also come in evidence that A1 Alex took back the knife
from A2 and stabbed on the back of the deceased. Injury No.14 noted by
PW10, which was the fatal one, corresponded to the act of stabbing on the
back. Said injury had penetrated and injured the lungs, cut the blood vessel
and had grazed the ribs. It shows the force with which the deceased was
stabbed. People who gathered at the place were not dare enough to catch the
accused since they were threatened brandishing the knife. MO1 has been
identified as the knife used to attack the deceased. It has been recovered on
the basis of the information given by A1 while in custody. PW3 had seen the
accused in the bus with blood on their clothes.
32. The place of incident is a road junction of a township. There
is streetlight nearby and electric lights were in the nearby shops. Though it
was a Sunday evening, it has come in evidence that Cuckoo bakery in the
junction was open and there was enough light from that shop onto its front
area. Evidence of witnesses would reveal that there were sequences of overt
acts done to the deceased by the assailants. So the offenders were at the place
for some time which was enough for the witnesses to see and recognize the
offenders. It has come in evidence that the accused were known to the
witnesses earlier. The case of the defence that the incident took place near to
a toddy shop involving some other assailants is not probabilised in evidence.
attacking the deceased with a deadly weapon of offence. Injury caused with
the weapon is the cause of death. Motive is of less significance when there is
reliable direct evidence for the crime committed. So, argument of the defence
that the medical evidence showed that deceased himself had taken drinks and
so the prosecution case that deceased had been done to death when he had
becomes lame, as such cannot be tenable.
unarmed and alone when he was attacked by a group of 4 persons including
the accused herein. Accused had attacked the deceased with knife repeatedly
and caused fatal injury. Same would reveal the intention and knowledge of
the accused. There is nothing on record to suggest that the offence proved
against the accused is culpable homicide not amounting to murder. All the
ingredients to establish the offence under section 302 IPC are well
established. The conduct of the accused together attacking the deceased with
the weapon and act of leaving the place of crime threatening the persons
around would by themselves reveal that the accused shared the common
intention to kill the deceased and had done him to death. Ineptitude of the
investigating officer in not gathering more witnesses to the incident cannot
undermine the evidence of PW1 to PW3. The evidence of PW1 and PW2
regarding the incident is well corroborated by medical evidence and the fact
24
accused. It is therefore found that the prosecution has succeeded in proving
the charge against the accused beyond any reasonable doubt. Points are thus
decided in favour of the prosecution.
35. Point No.5: In the light of the decisions made in the aforesaid
points, it is found that the prosecution has proved that the accused had
committed offence punishable under section 302 r/w 34 IPC. They are found
guilty and convicted there under.
(Typewritten, corrected and pronounced by me in open court on this the
th
16 day of June, 2015).
Sd/
K.P.Sudhir
Additional Sessions JudgeI
in full additional charge of
Additional Sessions JudgeIV,
Thrissur.
36. Point No.8: Prosecution has not let in any evidence to prove
previous conviction against any of the convicts A1 and A2.
Convicts are heard on sentence.
37. A1, Alex, stated that he is now aged 30 years. He studied upto
class 7. He earns doing painting work. He has no property or house of his
dependent on him. Father does menial jobs. He is 60 years old. They have to
be taken care of.
25
upto class 10. He earns doing carpentry work. He has no property or house of
his own. He has a permanent place of residence. Parents are with him. He is
undergoing treatment. He has produced copies of treatment records to show
the same.
39. Learned public prosecutor submitted that though there is no
record of any previous conviction, there are records to show that convicts are
involved in many crimes including heinous ones and the trial in the said cases
had been dragged since A1 absconded. That the victim herein had to die since
he had raised objections against the illegal and antisocial activities of the
accused. So the convicts deserve harsh punishment.
40. Learned defence counsel would argue that the convicts were
being falsely implicated in many cases to the fancy of some who has influence
on police. That the case of prosecution that deceased had been an activist
against use of liquor and drugs had been belied by the very fact that the
police surgeon had given evidence to the effect that deceased was in an
inebriated state. Leniency is sought in the matter of sentence.
41. This is a case wherein the victim who was unarmed and
defenceless was done to death on the public road by a gang of four including
the convicts herein. Several number of injuries found on the body of the
26
deceased would reveal the extent of violence done to him. The convicts were
dare enough to threaten the people who gathered and escape. The heinous
nature of the crime and hard core traits of the convicts are thus well
established.
42. Learned defence counsel argued that the facts of the case
caselaws of the apex court. Convicts have no previous conviction. They have
families to be taken care of. They cannot be identified persons who donot
have any chance to reform. Convicts are below 40 years old.
43. Under section 354(3)Cr.P.C, life imprisonment is the rule and
capital sentence the exception to be resorted to for special reason to be stated.
When extreme penalty is inflicted, special reasons have to be assigned.
44. Honourable apex court has laid down the guidelines which
will have to be applied to the facts of each individual case where the question
of imposition death sentence arises. They are:1)The extreme penalty of death
need not be inflicted except in gravest cases of extreme culpability,2)Before
opting for the death penalty the circumstances of the “offender” also require
to be taken into consideration along with the circumstances of the “crime”,
3)Life imprisonment is the rule and death sentence is an exception. Death
circumstances of the crime, and provided, and only provided, the option to
impose sentence of imprisonment for life cannot be conscientiously exercised
having regard to the nature and circumstances of the crime and all the
circumstances has to be accorded full weightage and a just balance has to be
option is exercised.
45. In rarest of rare cases when the collective conscience of the
community is so shocked, that it will expect the holders of the judicial power
centre to inflict death penalty irrespective of their personal opinion as regards
desirability or otherwise of retaining death penalty, death sentence can be
awarded.
46. In Machhi Singh's case(1983)3SCC 470) it was held that the
following circumstances also as that in which the community may entertain
the sentiment of the infliction of capital sentence: a) when the murder is
when multiple murders, say of all or almost all the members of a family or
committed, c) when the victim of murder is an innocent child or a helpless
woman, or old or infirm person or a person vis vis whom the murder is in a
dominating position, or a public figure generally loved and respected by the
community. It is held in Sardar Khan v. State of Karnataka(AIR2004SC1695)
that 'brutality in taking away the life of the victim is 'only one' of the factors
which is required to be taken into consideration for coming to the conclusion
that the case at hand is one of the rarest of rare ones warranting imposition of
death penalty.
antecedents have been proved against the convicts. The convicts are below
40 years in age. They have parents for whom they have concern. There is
chance to reform. Further A2 is ailing from TB and needs treatment. In the
capital punishment can be the only option.
punishment, in the present case, shall be sentence of life imprisonment for
murder. There shall also be fine.
remand period is subject to invocation of section 433 and
433A Cr.P.C. by appropriate authorities.
Original records and material records shall be made available in the
case pending against JCLs, before the Juvenile Court, as and when required.
(Typewritten, corrected and pronounced by me in open court on this
the 16th day of June, 2015).
Sd/
K.P.SUDHIR
Additional Sessions JudgeIV, Thrissur
(incharge)
APPENDIX
Prosecution Witnesses:
PW 1 : Sajeesh
PW 2 : Savin
PW 3 : Sudhakaran
PW 4 : Rajesh
PW 5 : Ramachandran
PW 6 : Binuraj
PW 7 : E.R. Vijayakumari
PW 8 : Sankarankutty
PW 9 : M. Prasad
PW 10 : Dr. Hitesh Sankar
PW 11 : Shahul Hameed
PW 12 : C.R. Raju
Prosecution Exhibits:
P1 Scene Mahazar
P2 F I S
30
P3 Inquest Report
P4 Seizure Mahazar
P5 Sketch by Village Officer
P6 Arrest memo of Sanoop
P7 Arrest memo of Alex
P8 F I R
P9 Post mortem report
P10 Chemical Analysis Report
P11 Address adding report
P12 Name and Address adding report
P13 Arrest Notice
P14 Extract of Seizure Mahazar
P15 Address adding report
P16 Property List
P17 Telegram cash receipt
P18 Property List
P19 Forwarding Note
P20 Wound Certificate
Defence Witness: Nil
Defence Exhibits:
D1 Relevant portion of the Statement of Sudhakaran
Material Objects:
MO1 Knife
MO2 Shirt
MO3 Dhothi
MO4 Banian
MO5 Underwear
31
MO6 Blood stained mud
FOOT NOTE
Crime No. & Name of Station : 223/2010 of Anthikkad Police Station
DECLARATION
DATE OF
Occurrence : 21.03.2010
Complaint : 23.03.2010
Apprehension : 11.06.2010(A1)
24.05.2010(A2)
Released on bail : 19.07.2012(A1)
30.08.2010(A2)
Commencement of trial: 04.03.2015
Close of trial : 28.05.2015
Judgment pronounced : 16.06.2015
Explanation for delay : Nil.
Id/
IV ADDL. SESSIONS JUDGE
(incharge)
/True Copy/
By order,
Sheristadar