STATE OF KERALA Vs. N MOIDEENKUTTY HAJI

JUDGEMENT

(1.) The State has filed this appeal against the judgment in SC 26 of 1985 on the file of the Sessions Judge, Manjeri acquitting the accused 1 to 3 (A1 to A3) who were charged under S.323 & 302 r/w S.34 I. P. C.

(2.) The prosecution case is that A1 and A3 beat the deceased with hands while A2 stabbed him with M.O.1 knife causing him fatal injury. The learned Sessions Judge on appreciating the evidence held that the prosecution has not succeeded in establishing its case beyond reasonable doubt.

(3.) Taxi fare was due from A1 to CW3 Sulaiman. On 2-9 1984 at about 10-30 a.m. there was exchange of words between A1 and CW3. Abdul Rahiman (deceased) intervened and pacified A1 and CW3. On the same day at 5.30 p.m., while the deceased was at Venniyur bazaar, A1 to A3 came there. On seeing the deceased, A1 chastised him for having helped driver (CW3). A1 and A3 beat him on his face and back with their hands. The deceased tried to flee away. It was then that A1 drew M. O.1 dagger from his waist and stabbed the deceased on his abdomen twice. Deceased fell down. He was taken to the Government Hospital, Thirurangadi and from there he was referred to the Medical College Hospital, Kozhikode. While under going treatment, he died on 4-9-1984 at 8.45 p.m.