PARAPPURATH CHOLAYIL BEERAN Vs. STATE

JUDGEMENT

(1.) Appellant is the first accused in SC 24 of 1987 of the Sessions Court, Manjeri. He along with the second accused stood charged u/ S. 302 read with S. 34 of the I.P.C. Appellant (A-1) was found, guilty u/S. 302 of the I.P.C. and he was sentenced to undergo imprisonment for life. A-2 was acquitted.

(2.) The prosecution case is that on account of previous enmity appellant and A-2 assaulted Makkayi alias Marackar causing him fatal injuries on 22-4-1986 at about 1 p.m. Marackar (deceased) was standing in front of a stationery shop in Edavannappara bazaar. The incident happened in between the stationery shop and a stationary bus. According to the prosecution, appellant came there with a bag carrying M.O. 1 sickle and cut Marackar on his neck from behind with M.O. 1 sickle and also inflicted many more cut injuries. A-2 inflicted injuries on Marackar with M.O.2 dagger. P.W. 1 and others took Marackar to the Government Hospital, Manjeri. On the way to the hospital Marackar succumbed to the injuries. Motive for the crime is stated to be on account of a previous incident in which Marackar caused the death of the brother of the appellant and A-2. Ext. P-1 first information statement was lodged by P.W. 1 and it was recorded by the Asst. Sub Inspector of Police, Areacode. P.W. 14 doctor conducted autopsy and issued Ext. P-15 postmortem certificate. P.W. 16 Circle Inspector of Police investigated the case and laid the charge before the Court.

(3.) Prosecution examined P.Ws. 1 to 5 as eye-witnesses. P.Ws. 2, 3 and 5 turned hostile to the prosecution. Prosecution mainly relies on the testimony of P.Ws. 1 and 4 and portions of the evidence of P.Ws. 2, 3 and 5 to support its case against the appellant.