KOYODAN MANU Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.3 and 4 in S.C.No.389 of 2001 on the files of the Sessions Court, Thalassery are the appellants. They were convicted and sentenced for the offences punishable under Ss. 143, 147, 148, 452, 324 and 307 r/w Sec. 149 of the Indian Penal Code, 1860 (IPC). They challenge legality and correctness of the said judgment in this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code).

(2.) There were five accused. Accused Nos.1 and 5 expired. Accused Nos.2 was absconding. Appellants/accused Nos.3 and 4 alone stood trial in the aforementioned case.

(3.) At the trial PWs.1 to 17 were examined and Exts.P1 to P15 were marked. MOs.1 to 7 were identified. After closing the prosecution evidence the appellants were questioned under Sec. 313(1)(b) of the Code. They maintained that they were innocent. No defence evidence was adduced. The trial court, after appreciating the evidence, found that all the five accused together trespassed into the house of PW1 by breaking open its door and inflicted serious injuries to PW1 using MOs.1 and 2 choppers. Holding that the common object of the five assailants was to cause death of PW1, the appellants were convicted and sentenced. The findings of the trial court are assailed on the grounds of reliability of evidence, impropriety in the investigation and false implication.