PATTARVAYAL KANAKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order passed by the High Court of Judicature of Kerala at Ernakulam in Criminal Appeal No. 2107 of 2004, dated 01.12.2007. By the impugned judgment and order, the High Court has confirmed the judgment and order, dated 16.11.2004, passed by the Trial Court in Sessions Case No. 46 of 2002, whereby the appellant is convicted for offence punishable under Sections 143, 147, 148, and 302 read with Section 149 of the Indian Penal Code, 1860 ("the IPC" for short) and sentenced to undergo rigorous imprisonment for life.

(2.) This case relates to the murder of one Purushothaman ("the deceased" for short) by the appellant-accused and six other accused persons on 01.11.1998. At 9:15 p.m., on the fateful night, the deceased was attacked by a group, comprising of the accused persons, while he was proceeding towards the house of his neighbour (PW-3) to attend a phone call from his wife's house. The deceased's sister (PW-1) followed him at a distance and thus was an eye-witness to the incident in its entirety. The deceased was first inflicted a blow with a pestle (MO1) on his head by the appellant and thereafter as he fell down, the six other accused persons attacked him with the iron rod, knife, chopper, axe, etc. As soon as PW-1, the wife of deceased, his brother (PW-2) and his uncle (CW-5), amongst others, reached the spot, the accused persons escaped leaving behind MO1. PW-1 and PW-2 rushed the deceased to the hospital, however, the deceased succumbed to his injuries.

(3.) The First Information Report ("the FIR" for short) was registered for offence punishable under Sections 143, 147, 148 and 307 read with Section 149 of the IPC, specifically implicating only the appellant. On completion of the investigation, the appellant and six other accused persons were charge-sheeted for offences under Sections 143, 147, 148 and 302 read with Section 149 of the IPC. During the pendency of the trial, one accused person had died and, thus, only the appellant and five other accused persons were tried for the above mentioned offence.