GURUNANAK Vs. STATE OF KERALA

JUDGEMENT

(1.) Eleven persons were sought to be prosecuted for the offences punishable under Sections 143, 147, 148, 324, 307, 302, 506(ii), 120B and 201 read with Section 149 of the Indian Penal Code, Sections 3 and 5 of the Explosive Substance Act and Section 27 of the Indian Arms Act. Among them, the sixth accused was found to be juvenile and therefore his case was transferred to the Juvenile Board for disposal. The nineth accused absconded and his case has been split up and refiled as C.P. 110 of 2003. Among the other accused, who faced trial, the eleventh accused was acquitted of all the charges and others were found guilty of the various offences and they were convicted and sentenced for those offences to various terms of imprisonment and fine.

(2.) The incident is seen to have taken place on 14.12.2001 at 7.30 p.m. in Vettummal in Anikkampoyil amsom Kadirur desom. P.W.1 had come to attend a Bhajan. He found the deceased Ratheesh, who was his cousin being dragged out by two persons from the staircase situate near the shop of Janardhanan. Ratheesh was thrown on the road. P.W.1 questioned their act. They retaliated by stating that both will be killed and attack followed. Injuries were caused to P.W.1 with sword. He also heard an explosion of a bomb nearby. Ratheesh was mercilessly attacked and several injuries were inflicted on him. P.W.1, who got injured in the incident ran to the house of one Raghavan. He was later taken to the hospital by one Viswanath and Santhosh in a Maruti van. He came to know that his cousin Ratheesh had been removed to the Medical College Hospital at Calicut. Information of the incident was received at Panoor Police Station. P.W.17, the Sub Inspector attached to the said station went to the place of the incident and then to the hospital. He recorded the first information statement given by P.W.1. He returned to the station and registered Ext.P1(a) FIR for the offences punishable under Sections 324 and 307 read with Section 34 IPC. Ratheesh, while undergoing treatment at the Medical College Hospital, succumbed to his injuries. P.W.22 took over investigation. He prepared Ext.P5 scene mahazar and recovered M.O.6 series of articles. On coming to know that Ratheesh was no more, he directed P.W.19 to conduct inquest. P.W.19 conducted inquest and prepared Ext.P3 report and M.O.5 series of articles were seized. The body was sent for autopsy. P.W.20 conducted autopsy over the body of Ratheesh and furnished Ext.P12 postmortem certificate. P.W.22 filed Ext.P13 seeking to have the sections altered. He recorded the statements of witnesses. He seized an auto as per Ext.P6 mahazar. Based on Ext.P7(a) confession statement said to have been given by the first accused, he recovered M.Os. 2 and 3 as per Ext.P7 mahazar. As per Ext.P4(a) confession statement said to have been given by the fourth accused, he recovered M.O.4 as per Ext.P4 Crl.A.598/2006. 4 mahazar. As per Ext.P8(a) confession statement said to have been given by the fifth accused, he recovered M.O.1 as per Ext.P8 mahazar. He filed a report before the court showing the details of the accused and had the articles seized during investigation sent for chemical examination. He obtained Ext.P14 FSL report. P.W.23 conducted portion of the investigation and obtained sanction for prosecution. P.W.24, the successor in office to P.Ws. 22 and 23 verified the records, completed the investigation and laid charge before court.

(3.) Additional Chief Judicial Magistrate, Thalassery, before whom final report was filed took cognizance of the offences. On appearance of the accused before the said court, all legal formalities were complied with. The learned additional CJM found that the offences are exclusively triable by a court of Sessions and accordingly committed the case to Sessions Court, Thalassery.