SURESH BABU @ KUTTAN, S/O. NADARAJAN, CHAMMATTUVELA PUTHANVEETTIL HOUSE, PALUNDA CHUNKATHARA AMSOM, NILAMBUR Vs. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) (i) Did the Court below err in accepting and acting upon the oral evidence of PWs.4, 8 and 10.

(2.) The prosecution alleged that at 6.45 p.m. on 30.7.2004, in front of the bakery of the deceased, within the jurisdiction of Edakkara police station the accused were members of an unlawful assembly. They were acting in prosecution of their common object to cause the death of deceased Sivaraman at the scene of the crime near a public tap. The incident commenced there. The deceased was beaten with hands and with MO1, a teak stick. He was later stabbed by A1 on his back and chest with a dangerous weapon/knife of which MOs.2 and 7 are the two parts. The prosecution alleged that the accused have thereby committed the offences punishable under the above Sections.

(3.) Investigation commenced with the registration of Exts.P5(a) FIR on the basis of Exts.P5, F.I. Statement lodged by PW4 before PW12, Sub Inspector. Investigation was completed and final report was filed by PW13 before the learned Magistrate having jurisdiction.