CHANDRAPRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE appeals are by the convicted accused in S.C. No. 658/1999 on the file of the Additional Sessions Judge, Thiruvananthapuram. Altogether seven persons were involved in the occurrence, according to the prosecution. Out of them, the fifth accused passed away and the second accused was absconding. Therefore, the remaining five, viz., A 1, A 3, A 4, A 6 and A 7 faced trial for the offences punishable under S.143, 147, 148, 341, 324 and 302 read with S.149 Indian Penal Code. All of them have been found guilty of the said offences except that punishable under S.324 I.P.C. On such conviction, they have been sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000 each under S.302 read with 149 I.P.C and rigorous imprisonment for various terms ranging from 15 days to six months on other counts of offences. The conviction and sentence are assailed in these appeals.

(2.) THE prosecution case was that the accused persons attacked deceased Babu, PW 2 and CW 6 Sugathan who were riding a scooter when they reached at Chala in Thiruvananthapuram at about 3 p.m. on 4-12-1998. They were going to take orders for some work relating to rolling shutters. According to the prosecution case, accused 2 and 4 first approached the said three persons followed by the other accused. There were deadly weapons like sword and knife in the hands of the accused persons who stood around the said three persons. They came from the shop owned by accused No.1 Kannan. Accused No.2 stabbed on the left side of the abdomen of Babu and accused No.7 hit on his back. Accused No.2 also inflicted a stab injury on the right side of his chest and accused No.3 inflicted yet another stab injury on the right side of his abdomen. Cut injuries were also inflicted by accused 5 and 6 on various parts of the body of said Babu and finally accused No.1 inflicted a cut injury on his head and back of his neck. The Police Flying Squad, who reached the scene of occurrence, took Babu to Medical College Hospital, where he succumbed to the injuries. Ext. P1 F.I. Statement was given by PW 1, brother of deceased Babu. On going through Ext. PI it is seen that CW 6 Sugathan had told PW 1 about the incident and that in the incident CW 6 had also sustained injuries. PW 1 verified the fact from the Medical College Hospital over telephone and came to know that his brother Babu was no more. He, therefore, went to the Police Station and reported the matter. PW 14 had taken down the statement and registered Ext. P1 (a) F.I.R. based on that statement. PW 15 conducted investigation and after questioning the witnesses, he laid the charges. The evidence in the case consists of the oral testimony of PWs 1 to 15, Exts. P 1 to P 24 and material objects identified as M.Os. 1 to 18 on the side of prosecution. Ext. D1 a portion of the statement of PW 2, made under S.161 Cr.P.C. was marked on the side of the defendants.

(3.) IT is contended by the appellant that even going by the Judgment of the court below