GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.A.No.122/2016 has been filed by accused Nos.2, 3, 6 and 9 and Crl.A.No.127/2016 has been filed by accused Nos.1, 4, 10 and 11 in S.C.No.471/2007 on the files of the Additional Sessions Judge-I, Thiruvananthapuram.

(2.) Prosecution case can be summarized as follows: First accused spread a news that deceased, PW1 and others took bath unclothed in the river. The deceased and PW1 questioned the first accused about it and had a wordy altercation and assaulted him. In connection with that, first accused filed a complaint before Palode Police Station. On the previous day of the incident, deceased and PW1 were called to the police station in pursuance of that complaint. Eventhough they went to the police station and waited for long, first accused did not turn up and they returned. Out of enmity due to that incident, accused Nos.1 to 16 hatched a criminal conspiracy in the house of 12 th accused at Jawahar Colony to do away with the deceased and PW1 who are the President and Secretary of the DYFI Jawahar colony Unit Committee. Accused Nos.1 to 16 who are the sympathizers of BJP, formed themselves into an unlawful assembly knowing that they are members of the said assembly, armed with deadly weapons like, sword, bamboo stumps, cudgel and wooden logs and assembled on the eastern and northern side of Palode Madathara Road at Jawahar Colony junction on 18.07.2004 around 7.30 p.m. On seeing deceased and PW1 standing near the DYFI flag-mast situated on the western side of Palode Madathara road talking to PW2, PW3 and others, first accused came towards them and slapped at the left cheek of PW1 and caused pain. When deceased and others obstructed the same, accused No.4 rushed towards them proclaiming to kill them along with third accused. He was holding a cudgel. Accused Nos.6, 9, 10, 15 and 16 rioted with bamboo stumps and cudgel. On seeing the aggressive accused persons, deceased and PW1 ran towards north, then second accused armed with a sword and accused Nos.5, 7, 8, 11, 12, 13 and 14 armed with bamboo stumps and cudgels came from north. On seeing them, deceased and PW1 ran towards the shop of PW4 Mohanan situated on the eastern side of the road.

(3.) There upon deceased fell with his face down and second accused with Mo1 sword intentionally slashed on his right posterior part of thigh and inflicted a fatal injury. The second strike was warded off by the deceased with his right hand and thereby his right index finger and ring finger sustained injury. The third accused at that time slashed on the posterior aspect of thigh of PW1 with MO2, who also had fallen down on the verandah of the shop of PW4 and sustained fatal injury. When CW1 and PW2 tried to obstruct them, with cudgel held by the fourth accused, he beat on the head of CW1, which was evaded by him and thereby he sustained a contusion on his forehead. When PW2 tried to intervene, fifth accused, with the bamboo stump held by him, hit at his left thigh and caused contusion. Accused Nos.6 to 16 created a dreadful scene by airing bamboo logs and cudgels. Deceased and PW1 were taken to Medical College Hospital and Dilshad died at about 9.15 p.m, thereby accused committed the offences under sec. 143, 147, 148, 323, 324, 302 r/w 149 IPC and S.27 of the Arms Act.