SAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are filed by accused Nos.1 to 5 in S.C.No.247/2007 on the file of the Additional District and Sessions Court-VI, Kollam.

(2.) Prosecution case can be summarized as follows: Radhakrishna Pillai, the victim was a non-resident who used to hire the autorickshaw of the first accused whenever he comes home on leave. When he came home, at this particular instance, he did not hire that autorikshaw, for reason of which first accused had enimity towards him. Out of that enmity, on 14.01.2005 at 7 p.m first accused came to the shop of PW1, the brother of the deceased and there was an altercation between the first accused and PW1. On the same day at 8 p.m first accused came again and abused PW1 and his brother. Later at 8.15 p.m the first accused along with the other accused, in furtherance of their common object to assault PW1 and to do away with the deceased, trespassed into the varandah of the shop of PW1 bearing No.III of 214 of Velluva Panchayath. Accused No.2 to 10 hit PW1 and deceased with hand and first accused stabbed the deceased with MO1 knife repeatedly on his chest on the left side and abdomen. The injured was taken to the Medical College Hospital, Thiruvananthapuram and was declared dead at 10.30 p.m.

(3.) Pw1 lodged the FIS at 1 a.m on 15.01.2005 and PW17 the Sub Inspector of Police, Kadakkal Police Station registered the FIR and conducted initial investigation. PW19, the Circle Inspector of Police, Kadakkal took over and conducted major part of investigation. Pw18 conducted a part of investigation and Pw20 verified the records and filed the Charge Sheet against the accused.