LEEN MARIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in these appeals are accused Nos. 2, 3, 5, 6, 7 and 8 in S.C.No.1271 of 2004 on the file of the Additional Sessions Court-I, Thiruvananthapuram. Eight persons were charge sheeted by the prosecution for the offences punishable under Sections 143, 147, 148, 302 and 307 read with Section 149 IPC.

(2.) The prosecution case in short is as follows; On 26.08.2001 at about 6.30 p.m the accused persons, on account of the previous animosity towards Bosco (the deceased) and PW16 Herbart, in prosecution of their common object, armed with deadly weapons like iron bars, sword etc, formed themselves into an unlawful assembly, committed the murder of the said Bosco, and caused serious injuries on PW16. Specific overt acts were that, the 2nd accused attacked Bosco with an oar, the 4th accused attacked him with an iron rod and the 5th accused had also attacked the said Bosco with a wooden stick (kuruthadi). Accused Nos.6 and 7 have attacked PW16 with iron rods. When PW16 attempted to ran away to escape from the assault, A8 attacked him with an oar. The allegation against the 1st accused was that, it was under his leadership the assault was committed and he instigated the other accused to commit the said offences. Because of the injuries, Bosco passed away. PW16 sustained injuries and was admitted in Medical College Hospital, Thiruvananthapuram.

(3.) Based on the First Information Statement furnished by PW1, Crime No.105/2001 was registered by Thumba Police and after completing the investigation, PW15 submitted the charge sheet. In support of the prosecution, they examined PWs 1 to 16, marked Exts.P1 to P41 and MOs 1 to 12. During trial, the 4th accused passed away and accordingly charge against him got abated. After the closure of prosecution case, the incriminating materials brought out in the trial were put to the accused while they were questioned under Section 313 Cr.P.C and the same were denied by them. From the side of the defence DW1 and DW2 were examined.