KOLAKKATTIL UMMERM Vs. STATE OF KERALA

JUDGEMENT

(1.) (i) Where exactly did the incident in which the deceased, PW3, PW16 and PW28 suffered the crucial injuries take place?

(2.) THE appellants are two brothers. They along with their father faced indictment for offences punishable under Sections 341, 307, 302 and 427 r/w 34 I.P.C. The 1st appellant Ummar was arraigned as the 1st accused. The 2nd appellant Assainar was arraigned as the 3rd accused and their father Muhammed @ Mammi was arraigned as the 2nd accused. To avoid any unnecessary difficulties, we shall refer to the appellants as accused 1 and 3. We shall refer to deceased Muhammed as accused 2. Accused No. 2, we do note, had expired even before the trial started before the Sessions Court.

(3.) ACCORDING to the prosecution, when the deceased, PW3, PW16 and PW28 were returning from the house of the accused, at the public road junction at Parayarangadi at about 8 p.m on 13.03.2004, they were attacked by accused 1 to 3, who reached the scene armed with dangerous weapons, through a short cut, in furtherance of their common intention to attack and murder the victims. Accused 1 to 3 allegedly inflicted injuries on the deceased, PW3, PW16 and PW28 with M.Os.1 to 3. Accused 1 and 2 allegedly wielded M.Os.1 and 3 daggers; whereas A3 allegedly wielded M.O.3, Nanjak. P.Ws.3, 16, 28 and the deceased suffered serious injuries and the deceased succumbed to such injuries later on the same night. Investigation commenced with the registration of Ext. P2(a) FIR on the basis of Ext. P2 First Information Statement lodged by P.W.3. Investigation was completed and final report/charge sheet was filed by P.W.36 before the learned Magistrate having jurisdiction. The learned Magistrate, after observing all legal formalities, committed the case to the Court of Session. The learned Sessions Judge took cognizance of the offences alleged against the accused. Charges framed by the learned Sessions Judge were denied by the appellants. Thereupon the prosecution examined P.Ws.1 to 36 and proved Exts. P1 to P29. M.Os.1 to 15 were also marked.