SUPRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted in Special Leave Petitions (Cri. ) Nos. 1469-70 of 1990

(2.) These are connected matters. Criminal No. 642 of 1990 is filed under Section 2 of the Supreme court (Enlargement of Criminal Appellate jurisdiction) Act, 1970, while the other appeals are before us pursuant to the leave granted as mentioned above

(3.) These appeals arise out of an occurrence which took place on 30/9/1984 at about 6.45 p. m. on Mukram-Kodakunnam Road near Kottekad. Bhavadas, the deceased in the case, was travelling in a bus. He got down at the bus-stop, kottekad. Public Witness 4 who was also travelling in that bus also got down. While the deceased was proceeding to his residence, it is the prosecution case that the accused, eleven in number, variously armed with choppers and knives attacked the deceased and inflicted injuries. The motive alleged is that the accused party and the deceased party and the witnesses belong to two different political groups. There were clashes between the two groups and criminal cases were pending. The information was sent to the police by Public Witness 1 who is not an eyewitness but who saw the injured lying by the side of the road. The police arrived at the scene and registered a case. By then there was no information as to who were the actual assailants. Nearly 9 days later, the police came to know that pw 4 was the person who was also travelling in the bus, questioned him and on the information furnished by him, the case was registered against the accused and a statement of Public Witness 4 under Section 162 was recorded. Meanwhile, the dead body was sent for post-mortem and the doctor who conducted the post-mortem found 11 injuries which could have been caused by a sharp-edged weapon. The doctor opined that the death was due to the result of these injuries. After completion of the investigation, a charge-sheet was filed. The accused denied the offence and pleaded not guilty