STATE OF KERALA Vs. KUNJUMON

JUDGEMENT

(1.) This is an appeal against acquittal filed by the State.

(2.) Six persons were sought to be prosecuted for the offences punishable under Sections 143, 147, 324, 307 and 302 read with Section 149 of the Indian Penal Code. After trial they were found not guilty and acquitted of the charges levelled against them.

(3.) According to the prosecution, the incident took place on 8.2.1998 at about 11.30 p.m. P.W.1 was an abkari business man. On the date of the incident he had gone to the toddy shop, which was leased out to one Krishnan on rent. The shop, which he had leased out to Krishnan was Shop No. 42. When he reached the place, Krishnan was not available. He waited there. At that time, four of the accused persons armed with weapons came there and the first accused asked P.W.1 that since he had informed the Excise officers regarding the distillation of illicit arrack carried on by their employer, he will teach him a lesson. They unleashed an attack on him with weapons. He cried aloud and two among the accused tried to attack him with broken bottles. Somehow one person from the toddy shop informed Ratnakaran, the brother of P.W.1 about the incident, he rushed to the aid of his brother. When Ratnakaran reached near the culvert on the road situate on the eastern side, P.W.1 was being chased by the accused persons. When they found Ratnakaran, the deceased, they turned their wrath on him. He was mercilessly attacked. Ratnakaran fell down on the road. The assailants four in number ran away from the place. A festival was going on in the temple nearby and the police were on duty. Coming to know about the incident, they reached there. With aid of the people, who had gathered there, the injured were removed to hospital. While undergoing treatment, Ratnakaran breathed his last. On getting information, police reached the hospital and recorded Ext.P1 first information statement furnished by P.W.1. P.W.23, the Sub Inspector of Police recorded Ext.P1 first information statement and registered Crime No. 43 of 1998 of Anchalummoodu Police Station as per Ext.P20 FIR. Investigation was taken over by P.W.24. He conducted inquest over the body of Ratnakaran and M.Os. 6 and 7 were seized. He prepared Ext.P22 scene mahazar and seized M.Os. 8 to 10 from the scene of occurrence. Exts. P7, P8, P9, P10, P24, P29 and P30 are the various mahazars prepared by P.W.24 regarding recovery of various items. After arresting the fourth accused he got the fourth accused examined through P.W.18. Ext.P18 is the wound certificate. The body of Ratnakaran was sent for autopsy. P.W.16 conducted autopsy over the body of Ratnakaran and furnished Ext.P15 report. Ext.P16 is the connected chemical analysis report. P.W.24 completed the investigation and laid charge before court.