MANILAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused No. 1 in S.C. No. 183 of 2006 on the file of the Court of the Additional Sessions Judge (Ad hoc) Fast Track Court No. 1, Thrissur, who was found guilty for the offences under Sections 143, 147, 148, 341, 324, 326 and 302 read with Section 149 of the Indian Penal Code and sentenced to undergo imprisonment for life and various other terms of imprisonment, challenges the conviction and sentence in this appeal.

(2.) The prosecution case is the following: On 20-7-2001 at 9 am, while the deceased (Salgunan) was proceeding on a bicycle through Edathirunjhi-Moonnupeedika public road near Chettiyar Junction, after supplying toddy tapped by him in a toddy shop, the accused persons waylaid him and attacked him with chopper, iron pipes etc. Salgunan died at the place of occurrence itself. On getting information, P.W.1, the elder brother of the deceased, came to the spot and he found the deceased lying in a pool of blood. P.W.1 informed the police and gave Ext. P-1 First Information Statement to the Assistant Sub Inspector of Police, Kattoor (P.W.19), who registered Crime No. 137 of 2001. P.W. 24, Circle Inspector of Police, conducted the investigation. He arrested the appellant on 31-7-2001. P.W. 22, the then Circle Inspector of Police completed the investigation and laid the charge.

(3.) Before the court below, on the side of the prosecution, P.W. 1 to P.W. 24 were examined, Exts. P-1 to P-38 were marked and M.O.1 to M.O. 34 were identified. On the side of the defence, Exts. D-1 to D-28 were marked.