SAHADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANTS are accused 1 to 3 in S. C. 128 of 1987 of the sessions Court, Trivandrum. They challenge the conviction and sentence entered against them under Ss. 302, 307, 341 and 34 of the I. P. C.

(2.) PROSECUTION case is that accused 1 to 3 in furtherance of their common intention caused the death of Surendran and assaulted P. W. 2 (uncle of the deceased) who rushed to the scene imploring them to desist from doing anything against his nephew. Both the injured were taken to the Medical College Hospital . Doctor examined Surendran and pronounced him dead. P. W. 2 was admitted in the hospital. It was P. W. 1 who lodged Ext. P1 first information statement before p. W. 14 Sub Inspector. The investigation was conducted by P. Ws. 15 and 16.

(3.) P. W. 1 who is the son of P. W. 2 deposed that on 17-12-1986 at about 8 p. m. he was sitting in the veranda of his house along with his father, mother and sister and it was then that Al who came to the path way along with A2 and A3 called Surendran. There were two chimney lamps on the veranda. Surendran went towards them. A2 and A3 forcibly caught hold of the hands of Surendran and asked him whether he would destroy wash. Al standing in front of Surendran inflicted a cut injury on the left side of his neck with m. 0. 1 chopper. On sustaining the bleeding injury Surendran fell down. Seeing the attack on Surendran P. W. 2 ran towards the accused imploring them to desist from the assault. A3 made the exhortation to kill P. W. 2. Immediately Al attacked P. W. 2 with M. O. 1 chopper aiming at his neck. P. W. 2 warded off the attack thereby sustaining injury. Al again attacked P. W. 2 with the chopper aiming at his neck. It caused a bleeding injury below the left side of his neck. P. W. 2 fell down. P. W. I, his sister (P. W. 3) and their mother raised an alarm. Hearing it neighbours Pushpavathi and others came. The accused fled away from the scene. The above evidence tendered by P. W. 1 has been corroborated by p. Ws. 2 and 3 in all material particulars.