MURALLI Vs. STATE OF KERALA

JUDGEMENT

(1.) Six persons were charge sheeted for the offence punishable under Secs.143, 147, 148 and 449.302 read with Sec.149 I.P.C. Sec.149 was incorporated because of the involvement of accused 5 and 6. On the basis of the evidence available the learned Add1. Sessions Judge, Palakkad found nothing on record for the involvement of accused 5 and 6 and they were acquitted. But the learned trial judge found that accused. 1 to 4, appellants before us, were guilty of the offences punishable under Sec.443 and 302 IPC and convicted and sentenced them to undergo rigorous imprisonment for two years for the former offence and to undergo life imprisonment for the latter offence. It was also found that they had common intention to commit such offence. So the punishment was also taking into account Sec.34 IPC.

(2.) On reading the judgment, it is also seen that the main defense taken by the accused was that none of the witnesses had properly identified any of the accused to implicate them in the alleged incident. It was also contended that there was also no proper recovery to connect the accused with the weapon alleged to be used to inflict the injuries on the deceased.

(3.) The prosecution case was as follows: