UNNI AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) The Judgment of the Court was delivered by Abdul Gafoor, J. - - These appeals are directed against the Judgment and Order, dated 12th April 2002 of the Additional Sessions Judge II, Mavelikkara, in S.C. No. 125/97. Crl. A. No. 450/02 has been filed by accused No. 1 and Crl. A. 332/02 has been filed by accused 2, 3, 5 and 6. The Appellants were charged with the offences punishable under Ss. 143, 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code. After trial, the learned Additional Sessions Judge found the Appellants guilty of the offences punishable under Ss. 302, 324, 148 and 323 read with Sec. 149 of the Indian Penal Code. The Appellant (1st accused) in Crl. A. 450/02 was sentenced to undergo rigorous imprisonment for life under Sec. 302 read with Sec. 149 I.P.C., rigorous imprisonment for three years under Sec. 324 I.P.C., rigorous imprisonment for two years under Sec. 148 I.P.C. and six months under Sec. 323 I.P.C. Accused No. 2 (1st Appellant in Crl. A. 332/02) was sentenced to undergo rigorous imprisonment for three years under Sec. 324 read with Sec. 149 I.P.C., two years under Sec. 148 and six months under Sec. 323 I.P.C. The other accused, viz. accused Nos. 3, 5 and 6 (Appellants 2, 3 and 4 in Crl. A. No. 450/02) were sentenced to undergo rigorous imprisonment for two years each under Sec. 324 read with Sec. 149 I.P.C., two years each under Sec. 148 I.P.C. and six months each under Sec. 323 I.P.C. The sentences are allowed to run concurrently. Accused No. 4 was a minor at the time of the incident and his case has not been tried. It is being tried separately.

(2.) According to the prosecution case, the incident occurred at about 9.15 p.m. on 23rd August 1995, when accused No. 1 and P.W.1. were in the public road, which goes from Althramukku to Mattom Mahadeva Temple. They were in the opposite directions. The accused was going towards west to his house while P.W.1 was returning from his brother's house after taking his supper and going to his sister's house where he used to sleep at night. When both of them reached in front of Sathyalayam House, accused No. 1 attacked P.W.1 giving him a blow in the rib portion of P.W.1 and accused No. 1 attempted to stab P.W.1 with a knife. P.W.1 resisted and his right hand was injured. At that time he cried aloud. Then P.W.2, his sister and deceased, her husband, came to the scene. It was at that point of time A -1, in a loud voice, called his sons, accused Nos. 2 and 4. On hearing this A -2 and A -4 came there. A -2 inflicted a cut injury on the deceased with a sword. A -1 stabbed him. A -4 and A -3 fisted and blowed. A -5 and A -6 had beaten the deceased. P.Ws.1 and 2 also sustained injuries in the altercations. P.Ws.1 and 2 and the deceased were taken to the Government Hospital, Mavelikkara. P.Ws.1 and 2 were admitted there. The doctor certified that the deceased had breathed his last. It was based on this prosecution case that the accused stood trial before the court below.

(3.) The evidence in this case consists of the oral testimony of P.Ws.1 to 15 on the prosecution side and D.Ws.1 to 4 on the defence side and the documentary evidence, Exits. P -1 to P -17 on the prosecution side and Exts.D -1 to D -3 on the defence side. M.Os.1 to 3 were also identified.