STATE OF KERALA Vs. MOHANAN

JUDGEMENT

(1.) Appeal by the State assailing the judgment of acquittal in Sessions Case No. 258/2001 on the file of the Sessions Judge, Thrissur. The Deputy Superintendent of Police, Thrissur prosecuted the respondents herein, the accused before the Trial Court, alleging offence under S.341 and S.302 read with S.34 IPC and S.3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. By judgment dated 04/02/2003, the learned Sessions Judge acquitted the respondents under S.235(1) of the Code of Criminal Procedure and set them at liberty. Aggrieved by the judgment, this appeal was preferred.

(2.) The prosecution case is that deceased Baiju, Son of PW 5, Saraswathy, belongs to Hindu Vettuva community which is a schedule caste as per Scheduled Castes / Scheduled Tribes (Prevention of Attrocities) Act, 1989. Respondents belong to Hindu Ezhava community which is neither scheduled caste nor scheduled tribe. Respondents, themselves, are alleged to be relatives. The first respondent has a daughter by name Sheena. Deceased Baiju and Sheena were in love. Though PW 5 and others put forward a marriage proposal, it was declined by the first respondent and others on caste consideration. Because of the affair between the deceased Baiju and Sheena, the respondents were nurturing enmity against Baiju.

(3.) The deceased Baiju was residing in K.E.R.1 Staff Quarters near Peechi Dam. PW 1, a friend of Baiju, is one of his neighbours and was residing in yet another staff quarters. On 26/12/1997 at 4.30 p.m. deceased Baiju and PW 1 proceeded to Mannuthy on a motor cycle ridden by the deceased Baiju. They roamed around the house of Sheena. While roaming, they met one of their friends, Shiji and they went for food in Green City Hotel at Pattikkad. By the time, they came to know that there was an NSS programme at Pattikkad school. Baiju and PW 1 decided to go there. They went to the nearby petrol pump, replenished fuel and proceeded. When they reached near Kuruveli Shopping Complex they took a turn hoping that they could go to the school through the road passing through the shopping complex. After proceeding a little ahead, they understood that they were in a wrong route. PW 1 asked Baiju to take a turn. While turning the motor cycle, the first respondent rushed to them and Baiju was stabbed at his chest and abdomen. To facilitate the stabbing, second respondent restrained Baiju by holding at his shoulder. Baiju and PW 1 fell down along with the motor cycle. PW 1 got up and rushed to the nearby police aid post and with the help of a police constable on duty, lifted Baiju with the knife in situ to the Medical College Hospital, Thrissur, where PW 6 was working as a Lecturer. PW 6 examined Baiju and declared dead. Leaving the body of Baiju at the hospital, PW 1 went to the Peechi Police Station wherein PW 7 was the Sub Inspector. He informed the matter. PW 7 recorded the statement given by PW 1 at 9.00 p.m. and registered a case as Crime No. 210/97 for offence under S.341 and S.302 read with S.34 IPC. Ext. P1 is the first information statement and Ext. P1(a) is the first information report.