LAWS(KER)-2025-4-156

ASHOKAN Vs. STATE OF KERALA

Decided On April 07, 2025
ASHOKAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellants, who are accused no.1 and 2 (A1 and A2) in S.C.No.677/2004 on the file of the Court of Session, Kasargod, challenge the conviction entered and sentence passed against them for the offence punishable under Sec. 324 read with Sec. 34 IPC.

(2.) The prosecution case is that the accused persons, two in number, who are Congress party sympathizers due to their political enmity towards PW6, a CPI(M) worker on 08/05/2002 at 17:00 hours while he was driving his auto bearing registration No.KL-14C-3708 with PW5 as passenger, attempted to murder him by stabbing him with a sword and causing injuries to him. Hence, as per the final report/charge sheet, the accused persons are alleged to have committed the offence punishable under Sec. 307 read with Sec. 34 IPC.

(3.) Crime No.103/2002, Bedakam police station, that is, Ext.P4 FIR was registered by PW4, the Head Constable based on Ext.P3 FIS given by PW5, the occurrence witness. The investigation was conducted by PW9, C.I. Adhur, who on completion of the investigation submitted final report, alleging the commission of the offences punishable under the aforementioned Ss. .