PREMKUMAR @ KUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants are the accused in S.C.No.45 of 2004 of the court of Additional Sessions Judge (Ad hoc-II), Ernakulam, and in this appeal, they are challenging the conviction and sentence imposed on them for the offences under sections 341, 323, 324, 326, 307 r/w 34 of IPC, vide judgment dated 13.8.2004 in the above sessions case.

(2.) THE case of the prosecution is that, the accused persons are CITU workers and they, on account of their previous enmity towards PW1 and in furtherance of their common intention to murder him, on 15.9.1999 after 1 p.m. while PW1 was going along with PW2 in a bicycle for taking meals, along Thripunithura-Eroor road, the accused attacked them with deadly weapons like dagger, iron bar etc. Thus according to the prosecution, the accused unlawfully restrained Pws.1 and 2, who were coming through the road in a bicycle plied by PW2, while PW1 was a pillion rider. According to the prosecution, the 3rd accused hit PW2 on his hand and driven out PW2 and chased him. It is the further case of the prosecution that the 1st accused threw chilly powder on the face of PW1 and the 2nd accused, and with an iron bar had forcibly hit on the back side of the head of PW1 and inflicted injuries upon him. The 1st accused with a dagger stabbed on the back side of the head of PW1 to inflict injuries and when PW1 had attempted to prevent the onslaught, his right hand fingers were sustained to fatal injuries. The 2nd accused with an iron bar had beaten on the left elbow of PW1 and other portions of the left hand as a result of which, PW1 had sustained fracture. The 3rd accused with an axle had hit on the right elbow and lower limbs of PW1 and thereby inflicted injuries on him. According to the prosecution, PW1 has sustained precarious injuries and had fallen down on the road and the 1st accused at that time had stabbed him on his right buttock with a dagger and the 4th accused had stabbed on PW1 at that material time. It is the further case that the accused had washed off their clothes soon after the incident, to get rid of the evidence and the accused persons have committed the over acts in furtherance of their common intention to cause the death of PW1. So according to the prosecution, the accused has committed the offences punishable under section 341, 323, 324, 326, 307, 201 r/w 34 of IPC and section 27 of the Arms Act.

(3.) I have heard Adv.Sri.T.D.Robin learned counsel for the appellant and Adv.Sri.N.Suresh, the learned Public Prosecutor for the State.