KALAMULLAPARAMBIL PRADEEPAN Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECSUTOR HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THE appellants are the accused in S.C.No.117 of 2002 of the court of Sessions, Thalassery. In this appeal, they challenge their conviction and sentence, imposed against them vide judgment dated 28.11.2006, in the above sessions case for the offences under Sections 143,147,148,341,307 read with Section 149 of I.P.C.

(2.) THE case of the prosecution is that on 12.8.1998 at 10.15 a.m. the appellants/accused, who are CPI(M) workers, have formed themselves into an unlawful assembly armed with weapons like koduval, iron rod etc. and in furtherance of the common object of the unlawful assembly, to kill PW2 Anilkumar who is a Congress (I) worker out of political enmity, have attacked PW2 with deadly weapons like koduval and iron rod and the first accused exhorted to kill PW2 with a koduval and third accused beat PW2, second accused cut PW2 with iron rod and caused injuries to PW2, at Elambara in Keezhallur amsom and thereby, the accused persons have committed the above offences.

(3.) AMONG the prosecution witnesses, PW1 is the informant, who lodged Ext.P1 F.I.statement to PW10 from the Medical College Hospital, Kozhikode where his son PW2 was admitted as an inpatient for treatment. When PW1 was examined, he had deposed that at about 10.15 a.m. on 12.8.1998, he went to Elambara School to get his Election identity card and when he was coming back after getting the identity card and when he reached the bus stop, he had seen his son PW2 Anilkumar, coming from the opposite direction and when he reached about 50 yards near to him, the first accused Pradeepan came near his son, exhorting that ' , '. Thus, according to PW1, the accused Umesh and others came there and among them, the second accused Sreejith hit his son on his shoulder and back with a kathival and the third accused Umesh beat his son with iron rod on his legs and the fifth accused Anilkumar and fourth accused Sajesh beat PW2 with hands. According to PW1, on seeing this incident, he fainted as his son sustained injuries. It is his further version that he has raised hue and cry and when people gathered, the accused ran away. According to PW1, on hearing his hue and cry, one Sumod and Karthikeyan came to the spot and one Purushu was also there along with his son. Thereafter, his son was taken to the Government Hospital, Mattannur by himself, Sherif, Venu, Sumod and Karthikeyan. Though PW5/the doctor examined the injured, according to PW1, they were asked to take PW2 to the District Hospital, Kannur and accordingly, PW2 was taken to Kannur from where, the Doctor gave him first aid and asked them to take PW2 to the Medical College Hospital, Kozhikode and thus, PW2 has brought to the Medical College Hospital in an ambulance and he was admitted there. He had also deposed that the Police came to the Medical College Hospital and recorded his statement which he identified as Ext.P1 and thus, Ext.P1 was marked through PW1. According to PW1, thereafter, he has pointed out the place of incident to the Police on the next day. He had also deposed that the Police has seized the iron rod, chappal and pen from the place of occurrence. During the examination of PW1, he had identified MO1 iron rod, MO2 chappal and MO3 pen which were seized by the Police from the place of incident. According to PW1, it was MO1 iron rod used by the third accused to beat his son PW2. He had also deposed that he had handed over the blood stained cloths of PW2 to the Police. MO4 is the blood stained shirt of PW2. PW1 has also deposed before the court that his son was assaulted by the accused due to political enmity, since his son is a Congress Party worker whereas the accused are workers of CPI(M).