PADMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ALL these appeals are filed form the judgment of the Sessions Court,Kollam in Sessions Case No.564 of 1999.Altogether there were ten accused in the above case and they were charged for the offences punishable under sections 114,143,147,148,120(B)and 302 a read with section 149 of the Indian Penal Code.A3,A8,A9 and A10 were acquitted and sentenced by the Sessions Court as follows: "A1,A2,A5,A6 and A7 to undergo imprisonment for Life u/s 302 IPC and to pay a fine of Rs.20,000/ - each i/d the accused persons are ordered to undergo R.I.for a period of six months,A1,A2,A5 &A7 are sentenced to undergo R.I.for a period of one year each for offence u/s 145 IPC.A1,A2 &A4 to undergo R.I.for a period of 5 Years each for offence u/s 120(B)IPC.No separate sentence awarded for offence u/s 143 IPC.The sentence awarded against A1,A2,A5,A6 &A7 shall run concurrently.The fine if paid by the accused persons A1,A2,A5,A6 &A7,Rs.50,000/ - be paid to the legal heirs of the deceased Kochukuttan as compensation u/s 357(1 )(c)Criminal Procedure Code Set off is allowed."

(2.) ACCORDING to the prosecution,on 19 -5 -1997,at 9 -00 p.m .,the deceased Kochukuttan and CW11 jointly assaulted A1 and A2 at a place at Chaithram Restaurant run by A2 and,because of that animosity,A1 to A4 assembled at Chaithram Restaurant at Veliyam junction on 20 -6 -1997 at 7 -45 p.m.and the accused persons conspired together with the intention to commit murder of Kochukuttan and that the accused persons 1 to 3 and 5 to 10 formed an unlawful assembly on 24 -6 -1997 and,in furtherance of their common object,armed with deadly weapons,such as swords,iron rods,chopper,knife,stick etc .,the accused persons came to Chaithram Restaurant in a jeep KL -2B/9938 driven by A4 owned by CW16 and alighted at a place in front of Chaithram Restaurant and A1 to A3 in front and A5 to A10 behind them came to a place in front of Harisree Bakers on the eastern side of the Kottarakkara -Oyoor Public road at Veliym junction at 7 -25 p.m.and while deceased was talking to CW1 in front of the verandah of Harisree Bakers which was closed at that time,A3 called Kochukuttan come here and then A1,with the sword kept concealed on his back,struck a blow against the head of Kochukuttan inflicting injury.Then A2 uttered cut this man and with the sword he was having out against the chest on the left side inflicting injuries and Kochukuttan fell down to the road on the side of the verandah of Harisree Bakers.Then A5,with the iron rod,beat upon the right hand and A6,with the chopper,cut on the left hand below elbow inflicting injuries.A7 with the iron rod best on the right shoulder,AB with the sword cut against the left hand inside the palm and left cheek.A9 with the knife stabbed on the back on the left side and A10 with the stick beat on the right leg below knee and the accused persons with the weapons repeatedly inflicted injuries at several parts on the body of Kochukuttan and,thereafter,the accused persons left the place in the same jeep and though Kochukuttan was rushed to the hospital in a car driven by CW14 and thereafter in the jeep driven by CW15 to the district Hospital,Kollam,Kochuktutan succumbed to the injuries at about 8 -10 p.m.on 24 -6 -1997.

(3.) IDENTITY of the deceased,place of occurrence etc,are not disputed in this case.Postmortem of the dead body of Kochukuttan was conducted by PW16 at 11 -40 a.m.on 25 -6 -1997.Ext.P17 is the postmortem certificate.Ext.P17 postmortem certificate shows that there are 20 antemortem injuries.PW16 Doctor also opined that the death was due to the injuries sustained to the chest and left palm,that is,injuries No.14 and 20,and death can also be due to the cumulative effect of all other injuries.Antemortem injuries shown as per Ext.P7 postmortem certificate would show that several injuries were inflicted on the accused and he was brutally murdered by a group of persons by using several weapons.Medical evidence support the evidence of eye witnesses,PWs 1,2,4 and 5.