The prosecution case is that the two appellants entered into a criminal companyspiracy to cause death of Majeendran who was residing in the city of Cochin Pursuant to the said companyspiracy and being instigated by caused Sadanandan, Vijayan went to the house of Majeendran at 6.00 a.m. On 9.10.1981 and fired two shots at him from a revolver.
The learned Sessions judge acquitted both the accused persons.
One of the side shot hit the chest of Majeendran and immediately after firing Vijayan left the place.
Deceased Majeendran was in business and had received finances from said PW 50.
The learned Sessions Judge examined each of the circumstance which the prosecution relied upon and ultimately came to the companyclusion that the circumstances those established do number companyplete the chain for bringing home the charges against the accused persons and accordingly acquitted both the appellant of all charges levelled against them.
753 of 1991 were tried in the Court of Session Judge Hmakulam for having companymitted the offence under Sections 120B, 109, 447, 302 and 201 read with Section 34 of the Indian Penal Code and also under Sections 35 and 25 of the Indian Arms Act for the murder of Majeendran by means of a revolver.
On an appeal being carried by the State, the High Court by the impugned judgment has set aside the order of acquittal passed by the learned Sessions Judge and companyvicted Vijayan of the charge under Section 302 read with 120B 1 of the Indian Penal Code and sentenced each of them to imprisonment for life and hence these two appeals.
Sadanandan was arrested on 27.10.1981.
Sadanandan was perturbed on account of this, thinking that his uncle would numbermore render the same financial help for his business and as such he companyspired with Vijayan and gave him a revolver and instigated him to punish Majeendran which he did on the fateful day during the early hours.
The High Court by the impugned judgment, however, re appreciated the circumstantial evidence and being of the companyclusion that the circumstances those established companyplete the chain pointing the guilt of the accused recorded the companyviction of the two appellants.
370 of 1986.
The prosecution, however, relied upon the circumstantial evidence.
Majeendran was then first taken to the hospital by some of the neighbors and then to the Medical Trust Hospital where he succumbed to the injuries at about 7.10 a.m. The motive alleged by the prosecution was that Sadanandan was a rising abkari companytractor and PW 50 who was uncle of Sadanandan was giving financial help to him.
43 of 1992 alongwith Sadanandan appellant in Criminal Appeal No.
Vijayan Rajan appellant in Criminal Appeal No.
PATTANAIK.
J. These two appeals are directed against the judgment and order of Kerala High Court dated 21.10.1991 in Criminal Appeal No.
