ESTHAPANOSE WILSON Vs. STATE

JUDGEMENT

(1.) These appeals are filed by the accused in Sessions Case No.18 of 1996 on the file of the Additional District and Sessions Judge (Adhoc) Court-I, Kollam. The above case is charge sheeted by the Circle Inspector of Police, Kundara against the accused alleging offence punishable under Sections 307 and 324 read with Section 34 IPC. The appellants in Crl.A.No.137 of 2004 are accused Nos.1 and 3. The appellant in Crl.A.No.160 of 2004 is the second accused in the above case. The fourth accused in the case was absconding and hence his case was split up by the trial court. Since these two appeals are filed by the accused in a same case I am disposing these appeals together.

(2.) The prosecution case is that on 21.2.1995, at 8.30 p.m., the four accused, out of their previous enmity and in pursuance of their common intention to cause the death of charge witness No.1, inflicted cut injuries on his head and hands using choppers. The further allegation is that, accused No.4 beat charge witnesses 1 and 2 using stick. Hence it is alleged that, the accused committed the offence.

(3.) To substantiate the case prosecution examined PW1 to PW9. Exts.P1 to P10 are the exhibits on the side of the prosecution. Exts.D1 to D3 are the exhibits on the side of the defence and MO I to MO IV are the material objects marked in this case.