CHACKO ALIAS JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal, filed under Section 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1973 and under Section 379 of the Criminal Procedure Code, 1973 is directed against the judgment of the High Court of Kerala in Criminal Appeal No. 58/1985. The High Court convicted the appellant for the offences punishable under Sections 302 read with 34, IPC, 324, IPC and 27 of the Indian Arms Act.

(2.) The appellant was tried along with three other accused. The charge against them was that on 24-12-1981 at about 9.30 p.m. they had gone to the house of Pullery John (the deceased) and challenged the inmates of the house to come out. When John asked as to who they were, the appellant said that it was he and immediately thereafter a shot was fired by accused Thambi which injured John and caused his death. P.Ws 1 to 5 were present in the verandha of the house at that time. P.W. 2 flashed his torch to find out who were the assailants. Immediately thereafter appellant fired a shot which caused injuries to P.Ws. 1, 2 and 4. As a result of the cries raised by the witnesses and the neighbours coming there all the accused ran away from that place.

(3.) The trial court disbelieved the evidence of P.Ws. 1. to 6 on the grounds that their relations with the accused were inimical, they had made consistent improvements and their evidence stood contradicted by their police statements and the F.I.R. In the F.I.R. Exhibit P. 1, presence of P.W. 5 was not referred to and it was stated that both the shots were fired by the appellant. Therefore, the trial court held that in all probability the accused were implicated falsely because of previous enmity.