- (1.)In all 7 accused were charged and prosecuted for commission of offences, under Sections 457, 397, 302 read with Section 34 of IPC. Out of 7 accused, Accused No. 2 and Accused No. 5 are absconding whereas Accused No. 6 died before the trial. The Trial Court after appreciating the evidence available on record has given benefit of doubt to other co-accused but Accused No. 1, Appellant Jayakumar, alone has been found guilty for commission of the offence under Sections 457 and 302 IPC and awarded three years' rigorous imprisonment with fine of Rs. 2,000/- and rigorous imprisonment for life with fine of Rs. 5,000/- and in default of fine, to further undergo rigorous imprisonment for one and half years respectively.
(2.)The matter was taken to the High Court by the sole Appellant Jayakumar by filing Criminal Appeal No. 1196 of 2004 before the Division Bench of the High Court of Kerala. The High Court vide its impugned judgment and order dated 4.1.2006 dismissed the Appellant's appeal. Hence this appeal.
(3.)The prosecution story in short, is as under.