MANOJ Vs. STATE

JUDGEMENT

(1.) THE Judgment of the Court was delivered by Koshy, J.--Three accused were charge sheeted under S.302 and 307 read with S.34 I.P.C. Accused Nos. 2 and 3 were acquitted. Accused No. 1 was found guilty under S.302 and 307 read with S.34 I.P.C. Accused No.2 is the mother of Accused No. 1. Accused No. 3 is the sister of Accused No. 1. According to the prosecution, a boy of 17 years old and his mother were brutally murdered and the father of the boy was severely injured in the incident. The allegation of the prosecution was that on 17-10-1996 at 3.45 p.m. in furtherance of the common, intention to commit murder of PW 2 and his family members on account of the enmity regarding the dispute of a pathway, accused 2 and 3 pelted stone towards Shinoj, son of PW 2 and when Shinoj and Chinnamma, wife of PW 2, came to the pathway of the property of Shri M. T. Thomas, the first accused stabbed Shinoj and Chinnamma and Stephan with a knife causing grievous injury and the said Chinnamma and Shinoj succumbed to the injuries on the way to the hospital and PW 2 sustained grievous injury and undergone treatment in the Medical College Hospital, Kozhikode and thereby the accused committed murder of Chinnamma and Shinoj and attempted to murder PW

(2.) EXT . P 12 is the Postmortem Certificate of Shinoj and Ext. P 13 is the Post mortem Certificate of Chinnamma. The ante mortem injuries of Chinnamma as noticed in Ext. P 13 Post mortem Certificate are as follows:

(3.) THE defence examined DW 1 mainly to show that in the incident A 1 was injured. In the 313 Statement the accused No. 1, mainly harped self defence. He filed a Written Statement under S.232(2) Cr.P.C. stating that: