STATE OF KERALA Vs. RAJU, CHAKKOOR PADETHATHIL

JUDGEMENT

(1.) THIS appeal, at the instance of the State of Kerala, is directed against the judgment dated 4.9.2002 in S.C.No.149/98 of the court of Additional Sessions Judge, Fast Track (Ad hoc -1), Alappuzha, since by the above judgment, the learned Judge of the trial court has acquitted all the 4 accused, who faced prosecution for the offences punishable under sections 324 and 307 r/w 34 of IPC. Thus, the above order of acquittal is under challenge in the above appeal.

(2.) THE prosecution case is as follows : The incident was on 7.6.1997 at 5 p.m. and the place of occurrence was the property in which toddy shop No.58 was housed, situated at Pathiyoor muri and village. CW1 -Gopi and his brother -CW2 -Soman had lodged a complaint before the Police against accused nos.1 and 2 and therefore they had grudge against CW1 and CW2. Hence, the accused persons came to the place of occurrence with dagger, swords and stick in furtherance of their common intention to do away with CW1 and CW2. The 4th accused told the 1st accused to kill CW1 and then accused nos.1 and 2 attacked CW1 with swords. The 1st accused inflicted injury on the left side of the forehead of CW1 with the sword and inflicted another injury on his left thumb. The 2nd accused with another sword inflicted injury over both hands of CW1. The 3rd accused beat CW1 on his back with a stick and caused him pain. The 4th accused stabbed CW1 with the dagger and caused an injury on his left elbow. The 2nd accused with the sword inflicted a wound on the right index finger. The 3rd accused dealt a blow on the back of CW2 with stick and caused pain. When CW3 tried to save CW1 and CW2, the 4th accused stabbed CW3 with dagger and caused him wounds on his lower jaw, head and hip. The accused who did the above acts are guilty of all the offences charged against them. On the above allegation, Crime No.184/97 was registered in the Kariyilakulangara Police Station for the said offences and on completing the investigation, a report was filed, based upon which, the above sessions case is instituted. Subsequently, the case was initially made over to the court of Additional Sessions Judge -I, Mavelikkara, and when the accused appeared in that court, after hearing the prosecution as well as the defence, a formal charge was framed against the accused for the offences punishable under sections 324 and 307 r/w 34 of IPC and when the said charge read over and explained to the accused, they denied the same and pleaded not guilty. Thereafter, the case was transferred to the present trial court. During the trial of the case, Pws.1 to 12 were examined and Exts.P1 to P12 were marked and M.Os.1 to 3 were identified from the side of the prosecution.

(3.) , they were falsely implicated in the present case. At the time of the defence evidence, they had examined Dws.1 and 2 and also got marked Exts.D1 to D5 documents. The trial court after having considered the entire evidence on record, including that of the defence, has found that both the case and counter -case should have been decided by one court and the accused in this case are prejudiced as the counter - case was tried and disposed of by another court. Thus, it is further found that the prosecution case is without sufficient materials to prove the accused persons to be guilty of having committed the offences with which they are charged and they are liable to be acquitted. Accordingly, all the 4 accused in the above case are acquitted. It is the above finding and order of acquittal that are challenged in this appeal at the instance of the State. 4. Heard Adv.Smt.T.Y.Laliza, the learned Public Prosecutor for the appellant/the State and Adv.Sri.Rajasekharan Pillai, the learned counsel for the respondents/accused.