C.BALAKRISHNAN Vs. T.C.GOPALAN

JUDGEMENT

(1.) PW1, C.Balakrishnan, lodged Ext.P1 First Information Statement before the police for the offences punishable under Sections 302 and 307 r/w Section 34 of the Indian Penal Code (hereinafter referred to as, " IPC ") and Sections 3 and 25(1B)(a) of the Arms Act, 1959 (hereinafter referred to as, "Act"). Accordingly, the police registered Ext.P5 First Information Report. After completing investigation, PW9, the investigating officer, filed final report before the court.

(2.) The prosecution case, in brief, is that on 06.09.1998 at about 9.45 am at a place called Pattalimoola in Bandadka Village, accused 1 to 4, in furtherance of their common intention to commit murder of Palar Mohanan and his companions, i.e., PWs 1 and 2, who are all congress workers, on account of their political and personal animosity towards them, hid themselves behind the road at Pattalimoola while the aforesaid Mohanan, PW1 and PW2 were proceeding through the said way, and committed murder of the said Mohanan by the 1 st accused among them, firing at him with an unlicensed gun causing him fatal injuries on the vital parts of his body, which resulted in his death, and thereby committed the offences aforesaid.

(3.) On committal, the learned Sessions Judge, Kasaragod took cognizance of the offences aforesaid and issued summons to the accused. On the appearance of accused 1 to 3, copies of records relied on by the prosecution were served on the accused. After having heard both sides, charge under Sections 302 and 307 r/w Section 34 of the IPC and Sections 3 and 25(1B)(a) of the Act were framed. The charge was read over to the accused, to which they pleaded not guilty.