BEERAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the first accused in S.C. 24 of 1987 of the Sessions Court, Manjeri. He along with the second accused stood charged under S.302 made with S.34 of the Indian Penal Code. Appellant (A-1) was found guilty under 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 Maracker causing him fatal injuries on 22-4-1986 at about 1 p.m. Maracker (deceased) was standing in front of a stationary shop in Edavanappara bazaar. The incident happened in between the stationary 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. P1 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. P15 post mortem certificate. P.W.16 Circle Inspector of Police investigated the case and laid the charge before the Court.

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