STATE OF KERALA Vs. PATTARVAYAL KANAKAN

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the complainant State of Kerala in S.C. No.46 of 2002 on the file of Sessions Court, Thalassery against the judgment of acquittal against accused Nos.2 and 4 to 7 in that case.

(2.) S .C. No.46 of 2002 is a case charge sheeted against seven accused persons in Crime No.159 of 1998 of Chokli Police Station under Sections 143, 147 and 302 read with Section 149 of the Indian Penal Code (in short 'the IPC').

(3.) THE prosecution case is briefly as follows. Deceased Purushothaman was a bus conductor. On 1.11.1998 at about 9 p.m. the deceased was watching television programme along with his family members in his house. While so, he got an information from his neighbour that somebody from his wife's house wanted to talk to him over phone and that the person will call after 15 minutes and insisted that the deceased himself should attend the call. By about 9.15 p.m. the deceased went out of his house followed by his sister Sarala and when they reached their courtyard they heard the sound of a whistle and saw some persons rushing towards the deceased from all sides. Apprehending danger, the deceased ran towards north to take asylum in the house of one Padmakshan and by the time he reached the house of Padmakshan, the assailants surrounded him and he was beaten with a pestle on his head. The other accused were having deadly weapons like sword, iron rods, axes, knife etc. attacked the deceased, as a result of which he sustained fatal injuries. The injured was taken to the Government Hospital, Pallur from where he was referred to the Government Hospital, Thalassery for better treatment. He was taken to the Government Hospital, Thalassery, where the doctor examined and pronounced him as dead.