Kochi: The High Court on Wednesday upheld the life sentence of Kaari Satheesh (Satheeshkumar), the second accused in the Paul Muthoot Murder case.
The Court upheld his conviction under Section 302 IPC (punishment for murder) on the finding that it was the second accused who inflicted stab injuries causing the death of the deceased.
Satheesh approached the High Court challenging his conviction and sentence imposed by the Trial Court. The Trial Court convicted and sentenced him 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.
The Court also 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.
Earlier, the High Court overturned the life sentence of eight other individuals who were convicted of murder in connection with the death of Paul. The individuals who have been cleared of the charges include Jayachandran, Sathar, Sujith, Akash Sasidharan, Satheesh Kumar, Rajiv Kumar, Shino Paul, and Faisal. However, Kaari Satheesh's life sentence remains intact.
Paul George was fatally stabbed on August 21, 2009, at Ponga junction on the Alappuzha-Changanassery road following a roadside altercation related to a car accident.
The investigation of the murder, initially in the hands of local police, was mired in controversies, prompting the High Court to assign the case to the Central Bureau of Investigation (CBI) in January 2010.
As per the CBI's findings, the accused, on their way to Alappuzha for a citation, engaged in a dispute with George, forcibly removed him from his vehicle and then stabbed him to death. Gangsters Omprakash and Putthanpalam Rajesh, who were accompanying Paul at the time, served as witnesses to the incident.
(With LiveLaw inputs)
