SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant and five others were the accused in S. C. No. 63 of 1991 of the Additional Sessions Court; Pathanamthitta. They were tried for offences punishable under Sections 143, 147, 148, 342, 307 and 302 r/w. 149 I.P.C., the allegation being that they were members of armed unlawful assembly and in prosecution of the common object they attacked PW-2 and the deceased Samuel at 9.15 p.m. on 11-10-1989 from the road in front of the shop of one George at Nellimala. PW-2 and Samuel sustained injuries to which the latter succumbed on the way to the Government Hospital, Thiruvalla. Information about the incident was given by PW-1 to PW-12, on the basis of which Crime No. 485 of 1989 of Thiruvalla police station was registered. PW-13 conducted the initial investigation. He held the inquest and as per Ext. P8 seized MOs 2 to 5 from the deadbody. PW-14 conducted the postmortem and in his certificate, Ext. P9, he opined that the deceased died as a result of the penetrating injury to his lungs. PW-17 took over the investigation, visited the scene of crime that was identified by PW-1 and as per Ext. P7 mahazar seized MO 6. He questioned the witnesses and recorded their statements. Accused 2 to 6 were arrested on 30-10-89 and the first accused on 1-12-1989. As per his statement marked as Ext. P5(A), he seized MO 1 from an unoccupied place from the vicinity of the scene of crime under Ext. P5 that PW-7 had attested. The material objects were sent for chemical examination and were found stained with human blood by the Chemical Examiner vide his report Ext. P12. PW-17 laid the charge sheet.

(2.) Upon the accused pleading not guilty to the charge the prosecution examined PWs 1 to 17, marked Exts. P1 to P12 and MOs 1 to 6.

(3.) When questioned under Section 313 Cr. P.C. A2 to 6 denied that they were in any manner involved in the incident and maintained their innocence. The first accused, the appellant herein, stated that he was attacked by PWs 1 to 3, 6 and deceased Samuel at 8.30 p.m. on 11-10-1989 while he was returning home after work, that he somehow managed to escape, shut himself up in his house and on the next day early morning he went to the Thiruvalla police station, where he was detained. He urged that he was falsely implicated in the case. No witness was examined in defence.