VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 and 2 in S.C.No.316 of 2012 on the files of the Additional Sessions Court II, Thodupuzha who stand convicted and sentenced for offences punishable under Ss. 302 and 324 read with Sec. 34 of the Indian Penal Code (IPC) are the appellants in this appeal.

(2.) The occurrence which is the subject matter of the case took place on 6/2/2009 in a toddy shop. Two persons namely Shiju and Rarichan died and two other persons namely, Umesh Chandran and Thankachan suffered injuries in the said occurrence. The second accused is the son of the first accused.

(3.) When the accused were committed for trial by the Jurisdictional Magistrate based on the final report filed against them in the case registered by the Adimali Police in connection with the occurrence, the Court of Session framed charges against them and the accused denied the charges. On the accused denying the charges, the prosecution examined 34 witnesses as PWs 1 to 34 and proved through them Exts.P1 to P46 documents. Among the witnesses, PW1 was Umesh Chandran and PW2 was Thankachan. MOs 1 to 28 are the material objects identified by the witnesses. Exts.D1 to D16 are the case diary statements of PW1, PWs 3 to 7, PW12 and PW30. The accused were, thereupon, questioned under Sec. 313 of the Code of Criminal Procedure (the Code) as regards the incriminating circumstances brought out by the prosecution in its evidence and they denied the same.