GOPINATHAN NAIR ALIAS HARIKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are A 1 and A 2 in S.C. 33/1982 of the Sessions Court, Kottayam. Appellants along with A 3 and A 4 were charged under Section 302 read with Section 34 of the I.P.C. The learned Sessions Judge found the appellants (A 1 and A 2) guilty under Section 302 read with Section 34 of the I.P.C. and convicted and sentenced them to undergo imprisonment for life. A 3 and A 4 were acquitted.

(2.) The prosecution case is that on 8-1-1982 A 3 and A 4 inflicted cuts on deceased Kuttappan with sword-sticks, that Al inflicted a cut on his chest with a chopper and that A 2 inflicted a cut on his left knee with a sword-stick. Injured Kuttappan was immediately taken to the Medical College Hospital, Kottayam and he succumbed to the injuries on 11-1-1982 at 5.30 a.m. P.W. 1 lodged the first information statement before P.W. 11. Head Constable. P.W. 12 conducted major part of the investigation. P.W. 13 verified the investigation done by P.W. 12 and also questioned the witnesses. P.W. 56 conducted autopsy and issued Ext. 15 postmortem certificate.

(3.) On the prosecution side P. Ws. 1 to 3 were examined, Exts. P 1 to P 12 were marked. MO. 1 was identified.