STATE OF KERALA Vs. CHANDRAN

JUDGEMENT

(1.) This is an appeal from acquittal. There were six accused persons in the case. The charge against them at their trial at the Sessions, Trichur, was that they were members of an unlawful assembly and that in furtherance of the common object of that assembly one Bava was murdered by the first and fourth accused beating him with sticks and the remaining accused persons fisting him with hands.

(2.) The occurrence took place at or about 2.30 P.M. on May 2, last year at a place on the beach within the jurisdiction of Mathilakam Police Station. Accused 1 to 5 are related to each other. The sixth accused is their friend. The relationship between Bava's sons on the one hand and the accused on the other was not cordial for some time past. There were criminal cases between them.

(3.) Before the occurrence Bava was repairing a fishing net at the scene of occurrence. After coming in a body to that place the first and fourth accused beat Bava with a stick, the first accused on the head and the fourth accused on the left leg. The remaining accused fisted him. Hearing cries from the scene of occurrence several persons including Pw. 1 came there. Accused 1 and 4 then threw the sticks into the sea and ran away along with the remaining accused.