STATE Vs. RETNAKARAN

JUDGEMENT

(1.) After perusing the judgment in S.C. No. 55 of 1993 passed by the Court of Session, Kollam, this court has taken suo motu calendar revision invoking inherent powers of the High Court under S.482 of the Criminal Procedure Code. Meanwhile, the State also filed appeal against the same judgment. Hence both are heard together. The accused were charged sheeted by the Circle Inspector of Police, Punalur under S.143, 147, 148, 324 and 302 read with S.149 of Indian Penal Code and S.3(1)(x) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case of the prosecution as summarised by the Learned Sessions Judge is as follows:

(2.) Witnesses including eye witnesses were examined by the prosecution. After considering the evidence of PW 8, the doctor who conducted post mortem examination of the dead body and prepared Ext. P6 post mortem certificate, Sessions Judge found as follows:

(3.) After finding so Sessions Judge noticed certain discrepancies and contradictions in the case of the prosecution and evidence adduced by various witnesses and observed as follows: