SEBASTIAN @ BENNITTA AND ORS Vs. STATE OF KERALA

JUDGEMENT

(1.) (i)Was the Court below justified in coming to the conclusion that the prosecution has succeeded in proving the offences alleged against the appellants/accused

(2.) The appellants are 6 of 11 persons who faced indictment in a prosecution. They are accused 1, 3 to 6 and 8. We shall refer to them in the manner in which they are referred in the final report/charge sheet filed by the prosecution.

(3.) The prosecution alleged that 11 accused persons including the appellants herein were members of an unlawful assembly at 12 noon on 22.4.2003 at the scene of the crime described in scene mahazar, Ext.P8. According to the prosecution the common object to the unlawful assembly was to attack and cause the death of PW2 and his associates who were available at the scene of the crime. PWs.1 to 5 and the deceased Paul were allegedly available at the scene of the crime to remove a mango tree log which was purchased by PW2 from PW22. There was earlier animosity between accused No.1 and PW2 according to the prosecution and the accused were allegedly waiting for an opportunity to assault PW2 and his associates. In prosecution of the common object of the unlawful assembly all the accused persons allegedly got themselves armed with dangerous weapons including MOs.1 to 8. They allegedly proceeded to the scene of the crime armed with such weapons and unleashed a brutal attack on PWs.1 to 4 and deceased Paul. They suffered serious injuries to which the deceased Paul succumbed after three days, i.e. on 25.4.2003. The prosecution alleged that all the accused persons had thereby committed the offences punishable u/Ss.143, 147, 148, 324, 326, 307 and 302 all r/w S.149 IPC.