STATE OF KERALA Vs. CLEETUS THOMAS

JUDGEMENT

(1.) THE appeal by the State is directed against the order acquitting the respondents, the accused in Sessions Case No. 70 of 1979 of the Additional Sessions Court, Mavelikkara.

(2.) THE respondents-accused 1 to 5, were tried for offence punishable under Sections 143, 148, 149 and 302, I. P. C. on the charge that the' accused forming themselves into an unlawful assembly armed with deadly weapons, in prosecution of their common object committed murder by causing the death of Varghese (37) at about 8 p. m. on July 19, 1979. The incident is alleged to have happened on the public road running from east to west at Arthungal within the limits of the Sherthallai police station. The case of the prosecution briefly stated is this:

(3.) VARGHESE, the deceased, and accused Nos. 1 to 5 were fishermen attached to the coastal area at Arthungal. There was a quarrel between the deceased and the first accused on 30-6-1979 in connection with the election to the fishermens' Co-operative Society. They were thereafter on enimical terms. On the date of occurrence, at about 8 p. m. Varghese was returning home along the road accompanied by his mother P. W. 1. The accused rushed towards Varghese from the eastern side while they were walking westwards. The first accused was armed with a Malappuram knife, A2 with a dagger and accused Nos. 3 to 5 with pen knives. The first accused caught hold of Varghese and exhorted the rest to stab him. A2 inflicted a stab on the neck of Varghese while he was being held by A1. Varghese on receiving the injury fell down. Al released him. The five accused thereupon struck Varghese with the weapons they had, caused several injuries and left the place. Varghese died on the spot. P. W. 2 was walking behind P. W. 1. P. W. 4 was coming in the opposite direction. P. Ws. 3, 5 and 6 were also on the road. They have seen the attack on Varghese in the street light in front of the workshop closed by beside P. W. 1.