TREESA ALBERT Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.A.(V) No.594 of 2015 is filed by PW2-Treesa Albert, who is the mother of deceased Sampath, challenging the judgment dated 31.3.2015 in S.C.No.626/2014 of the court of Additional Sessions Judge-V, Kollam. PW2 is a victim as defined under Section 2(wa) of the Code of Criminal Procedure,1973 (for short 'the Cr.P.C .'). Crl.A.No. 246/2017 is filed by the State challenging the acquittal of accused in S.C.No.626/2014.

(2.) By judgment dated 31.3.2015, the learned Additional Sessions Judge-V, Kollam acquitted accused Nos.1 to 7 for the offences punishable under Sections 143 , 147 , 148 , 447 , 323 , 308 and 302 read with Section 149 of the Indian Penal Code,1860 (for short 'the IPC ') in a case arising out of Crime No.377/2011 of Sakthikulangara Police Station.

(3.) The prosecution case, in brief, is that on 23.4.2011 at 15.45 hours, on the eastern side of Kayalthoppu House in Sakthikulangara Village, all the accused formed themselves into an unlawful assembly, armed with deadly weapons for the purpose of rioting and in prosecution of their common object, attempted to murder Sampath, PWs.1 and 2. Sampath, who is none other than the son of PWs.1 and 2, succumbed to the injuries later.