STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA Vs. BHASI, S/O. JOHN, VETTIKUZHI KAMUKINKUZHI VEEDU, MANUKULATHICHAMANGALAM DESOM NEMOM VILLAGE, THIRUVANANTHAPURAM AND ORS.

JUDGEMENT

(1.) AN incident took place on 29/3/1993 at and near the courtyard of the house of P.W.1. Allegations and counter allegations were raised by the rival contestants in respect of that incident. Raveendran - the deceased, suffered injuries in such incident and succumbed to such injuries. A1 and A3 suffered injuries and they were admitted to the hospital for treatment of such injuries. Exts.P14 and P15 F.I.Rs. were registered in respect of that incident. Ext. P14 FIR was registered by the police on the basis of intimation received from the Medical Officer. Ext.P15 FIR was registered on the basis of the First Information Statement lodged by A1 in this case. The police took up both Exts.P14 and P15 for investigation. Investigation in Ext. P15 came to an end on 30/3/1993 (the very next day after the registration of the FIR) with P.W.14 lodging Ext. P20 refer report dated 30/3/1993. Investigation continued in Ext. P14 FIR. That investigation culminated by filing of the final report/charge sheet by P.W.14 before the learned Magistrate. The learned Magistrate, after observing all legal formalities, committed the case to the Court of Session. The Court of Session took cognizance of the offences punishable under Secs. 143, 147, 148, 323, 324 and 302 read with Sec. 149 IPC and Sec. 27 of the Arms Act. The accused denied the charges framed against them by the learned Sessions Judge. Thereupon, the prosecution examined P.Ws.1 to 16 and proved Exts.P1 to P21. M.O.1 was also marked on the side of the prosecution.

(2.) THE accused persons, in the course of cross -examination of the prosecution witnesses and when examined under Sec. 313 Cr.P.C., took up the stand that A1 and A3 were the victims of aggression. A2, A4 and A5 took up a defence of total denial. No defence evidence was adduced.

(3.) THE State has preferred Crl. A. NO. 358/07 to challenge the impugned judgment of acquittal. The appeal preferred along with an application to condone the long delay of 409 days was admitted after condoning the delay. The brother of the deceased Raveendran has preferred Crl.R.P.No.1482/04. He also assails the judgment of acquittal.