SUDHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in S.C.No.48/2002 on the file of the Additional District and Sessions Judge, Vadakara. The above case is chargesheeted by the Nadapuram Police against the appellants alleging the offence punishable under Sections 324, 332 and 307 r/w 34 IPC.

(2.) The prosecution case is that there is a long standing dispute between one Andru Haji and his divorced wife. The said dispute is relating to the claim for properties made by the divorced wife and children of the said Andru Haji. Andru Haji, apprehending danger to his person and properties at the hands of the political activists and hence approached this Court for police protection. This Court ordered police protection and accordingly the police department deputed a Police Constable from Nadapuram Police Station for the personal security of the said Andru Haji. The prosecution case is that on 13.7.1999 at 1 pm, while the said Andru Haji escorted by the Police Constable Sasi Kumar passing through the public road leading from the Panchayath Office to the Kallachi town, in front of the old post office building at the side of the road, the appellants in this case along with another unidentified person suddenly attacked the said Andru Haji with their common intention to kill him. It is alleged that the 1st accused sprinkled chilly powder on the face of the said Andru Haji by exhorting the others to kill Andru Haji. It is further alleged that the 1st accused cut on the neck of Andru Haji with a bill hook, which was prevented by the Police Constable Sasi Kumar, as a result of which he sustained injuries on his hand. Then the 1st accused again stabbed on the legs and various part of the body of Andru Haji and inflicted injuries on his body with the intention to kill him and with the knowledge that the injuries will cause his death. Accused Nos.2 and 3 also inflicted injuries on the body of the Andru Haji by beating with sticks and hands with the common intention to kill him. Therefore, it is alleged that the accused committed the offence.

(3.) To substantiate the case, the prosecution examined 12 witnesses. Exts.P1 to P17 are the exhibits marked on the side of the prosecution. MO1 to MO7 are the material objects. Exts.D1 and D2 were marked on the side of the defence.