KISHORE KUMAR ALIAS KISHORE Vs. STATE OF KERALA

JUDGEMENT

(1.) Kishore Kumar (1st Accused), Vijayan (2nd accused) and Benny (3rd accused) were tried before the IVth Additional Sessions Court, Ernakulam, in SC 33/96 for offence under S.341 and 302 r/w. 34 IPC. The 1st accused was found guilty of an offence under S.302 IPC and was convicted sentenced to undergo imprisonment for life. Aggrieved by the above conviction and sentence the 1st accused preferred Crl. A.25/98. Accused 2 and 3 were found not guilty of all the offences and accordingly they were acquitted. The State challenged the above order of acquittal by preferring Crl. A.480/99. As both the appeals arose from the same judgment, these appeals were heard together and are disposed of by this common judgment.

(2.) The Circle Inspector of Police, Piravam, filed a chargesheet against the accused, three in number, in Crime No. 288/94 of Mulanthuruthy Police Station for offences under S.341 and 302 r/w.34 IPC. According to the prosecution there was long standing enmity between the 1st accused and the deceased Biju who was serving in the Naval Force and was on leave. The general body meeting and the election of the office bearers for the administration of the Subramanyapuram temple was convened at the office of the S.N.D.P Sakha near the above temple on 6.11.1994. Biju, his father Appu (P.W.3) and his brother Rajeev (P.W.2) participated in the meeting and by about 7.30 p.m. on that day, according to the prosecution, the accused reached there and forcibly drawn Biju to a place near the jack tree in the temple premises and while the 2nd accused was holding Biju, the 1st accused inflicted three stab injuries with M.O.1 dagger causing fatal injuries and ran off from the scene when people assembled. It was further alleged that when P.W.2 tried to rescue his brother, he was obstructed by the 3rd accused and due to the severity of the above injuries, Biju succumbed to the injuries while removed to the hospital. The injured was taken to the RCM Hospital, Thrippunithura and P.W.8 Dr.George Varghese examined Biju at 8.15 p.m. and declared that Biju was dead. As there was no mortuary in the above hospital, the body was taken to the General Hospital, Ernakulam. P.W.1 Vijayan, who also joined in taking Biju to the hospital, reached the Mulanthuruthy Police Station and lodged Ext. P1 FI Statement on the next day i.e. on 7.11.1994 at 7 a.m. and PW. 12, the S.I of Police of Mulanthuruty Police Station registered crime 288/94 as per Ext. P1(a) FIR. The major part of the investigation was conducted by P.W.15, the Circle Inspector of Police. At 9 a.m. on 7.11.94 P.W. 15 prepared Ext. P5 inquest report. P.W.6 Ramakrishnan, a former Panchayat President witnessed the preparation of inquest and attested in Ext. P5. At 3.30 p.m. P.W. 15 visited the scene of occurrence and prepared Ext. P6 scene mahazar in the presence of P.W.7 Narayanan and others. P.W.7 attested in Ext. P6. On the same day at 1.30 P.M. P.W.9 Dr. Satheesh Babu, the District Police Surgeon, conducted the post mortem examination on the body of Biju and issued Ext. P7 certificate. P.W. 11 K. P. Ramakrishnan, the Village Officer, Amballur, prepared Ext. P13 plan seeing the scene of occurrence and premises. PW.16 Circle Inspector completed the investigation and laid the charge before court.

(3.) P.W.9, Dr. Satheesh Babu, the District Police Surgeon, conducted the post mortem examination on the body of Biju and issued Ext. P7 post mortem certificate. He noticed the following antemortem injuries: