SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) CRIMINAL Appeal No.2207 of 2010 has been preferred by accused Nos.1 to 4 and 6 to 9 in S.C.No.1374/2008 of the Additional Sessions Court (Adhoc -I), Thrissur, challenging the conviction and sentence passed by the said court. Criminal Appeal(V) No.275 of 2014 is filed by PW2, in his capacity as the elder brother of the deceased, challenging the acquittal of A5 in the case and also the acquittal of the appellants except A2, who is the 2nd appellant, for the offence under Section 302 read with Section 149 IPC.

(2.) THE facts reveal that a dispute, which has arisen in between two groups associated with two poorams at the festival of Peedikeshwaram Siva Temple of Pengamukku of Pazhanji Village at 5 p.m. on 17.02.2000, has transformed into a quarrel between the two groups, which ultimately resulted in transforming the festival ground of the temple as a battle field.

(3.) THE 9th accused stabbed PW3 with MO1 sword. The 5th accused voluntarily caused grievous hurt to PW3 by beating with MO2 bamboo stick. It is alleged that the other accused also aided the aforesaid accused to commit the offences.