[Paul Muthoot Murder] Kerala High Court Upholds Accused's Conviction & Sentence For Inflicting Stab Injuries & Causing Death

The second accused approached the High Court challenging his conviction and sentence imposed by the Trial Court. The Trial Court convicted and sentenced the second accused for offences punishable under Sections 144, 148 and 302 of the IPC and Sections 143, 147, 341, 323, 324, 326 and 506 Part II read with Section 149 IPC.

The Division Bench comprising Justice P B Suresh Kumar and Justice Johnson John concurred with the finding of the Trial Court and stated that it was the second accused who inflicted stab injuries on the deceased causing death.

“On an evaluation of the materials aforesaid, we concur with the finding rendered by the Special Court that it was the appellant who inflicted the stab injuries on the deceased which resulted in his death, and if that be so, the conviction of the appellant for various offences other than the offence punishable under Section 326 IPC, is in order.”

The Court thus held that the second accused cannot be sentenced both under Section 302 (punishment for murder) and Section 326 (voluntarily causing grievous hurt by dangerous weapons or means) of the Indian Penal Code as Section 302 squarely covers the substantive punishment which is prescribed under Section 323.

“Such a conviction is not permissible in the light of Section 71 of IPC, for when an offence under Section 302 IPC has been established, it takes in the ingredients of the offence under Section 326 IPC, and the offences, though falling under two different definitions of offences, form a single transaction, and the appellant cannot be convicted for both the offences.”

Paul Muthoot George was murdered on the night of August 22, 2009, on the Pallathuruthy-Perunna Road in Alappuzha District by a gangster group who were on their way to intimidate and threaten some other persons. 

The specific case was that the accused persons were a gang who were on their way to intimidate Kurangu Nisar and others for lodging a complaint against them. While they were proceeding on their way, a Ford Endeavour car driven by the deceased hit their motorcycle and drove away. Agitated by the conduct of Paul, the accused chased him which led to a physical altercation. As a result of the altercation, the second accused took out his knife and stabbed the deceased repeatedly.

There were 14 accused and the Trial Court acquitted the 14^th accused and convicted accused 1 to 13. Except for the second accused, all others challenged their conviction and sentence before the High Court. The High Court altered the charges and modified the sentence imposed upon accuseds 1 and 3 to 9, their conviction for punishment for murder was set aside and their conviction for forming unlawful assembly for attacking the deceased was upheld.

Against the acquittal of the other accused under Section 302 IPC, Paul's brother had preferred an appeal before the Apex Court. 

On analysing the evidence, the Court stated that there was no reason to disbelieve the evidence given by the co-passenger of the deceased regarding the scuffle and the attack that followed. It stated that there was no contradiction in the statements given by the co-passenger to the extent to which both statements could not co-exist. It also stated that the evidence given by the co-passenger corroborated with other evidence tendered by the prosecution.

Accordingly, the Court set aside the conviction of the second accused under Section 326 IPC and affirmed his conviction under all other provisions including Section 302 IPC.

Counsel for Appellant: Advocates Manju Antoney, Gerry Dougles S., P.Mamatha, R.Anas Muhammed Shamnad, R.Avinash

Counsel for Respondent: ASG Manu S, Senior Advocate Dr K P Satheesan assisted by Advocate Gokul D Sudhakaran

Citation: 2024 LiveLaw (Ker) 172

Case title: SATHEESHKUMAR @ KARI SATHEESH v CBI

Case number: CRL.A NO. 178 OF 2020

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