MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 and 2 in SC No.75/2011 on the files of the Additional Sessions Court-IV, Kottayam, has filed this criminal appeal challenging conviction and sentence imposed against him in the above case dtd. 7/5/2014. The respondent herein is the State of Kerala, represented by the learned Public Prosecutor.

(2.) Heard the learned counsel for the appellants/accused Nos.1 and 2 and the learned Public Prosecutor in detail. Perused the trial court records and the evidence in detail.

(3.) In this matter, the police filed final report alleging commission of offences punishable under Ss. 143, 147, 148, 324, 325, 323, 308 and 201 r/w Sec. 149 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) by the accused. The allegation of the prosecution is that on 5/7/2009 at about 1 pm, all the accused formed themselves into an unlawful assembly, and in furtherance of their common object to attack PW2, came in a car owned by the 1st accused near the shop of PW3 and A2 hit on the head of PW2 with an iron rod and again inflicted injury on the back side of head. A4 hit on the lower part of right knee and A1 and A3 stabbed PW2 when he fell down. A3 and A4 beat CW2 with an iron rod on his left leg, thereby causing fracture to the leg. It is alleged that the 1st accused had some difference of opinion with PW2 at Kuttikkadu temple and due to this enmity, the accused attacked PW2. Thus the prosecution allegation is that the accused persons attacked PW2 with knowledge that their overt acts are sufficient to cause death of PW2.