SHOBHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of deceased Rajan. Rajan had a homicidal death. The incident took place on 21/03/1994 at about 6.30 PM at Koothuparamba. It was alleged that the accused, who are respondents 2 to 12 herein, formed themselves into unlawful assembly with the common object of causing the murder of Rajan and in prosecution of the common object of that unlawful assembly, the accused committed rioting with deadly weapons, wrongfully restrained deceased Rajan and inflicted various cut injuries on his body to which he succumbed. The First Information Report was given by PW 1, Harish an eye - witness to the occurrence, at about 7.00 PM on the same day. It was recorded by the A.S.I. of Koothuparamba Police Station, based on which Crime No. 101/1994 was registered. Investigation was taken over by the Circle Inspector of Police, Koothuparamba. The inquest on the body of the deceased was conducted by him and scene mahazar was prepared. The post - mortem examination was conducted by the Doctor. Since offences under TADA were also incorporated the investigation was handed over to DySP. But subsequently, offences under the TADA were deleted and again investigation was entrusted to Circle Inspector of Police, Koothuparamba. After completing investigation charge - sheet against respondents 2 to 12 were filed before the learned Magistrate who later committed the case to the Court of Session.

(2.) PWs 1 to 18 were examined and Exts. P1 to P20 were marked. Exts. X1 to X9 were also marked. On the side of the defence, Dws 1 to 17 were examined and Exts. D1 to D12 were marked.

(3.) The learned Sessions Judge acquitted all the accused giving them benefit of reasonable doubt. No appeal was preferred by the State.