A C PAVITHRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 to 6 and 8 in S.C.No.435/2000 on the file of the Addl. Sessions Court, Thalassery for offences punishable under Secs. 143, 147 148 and 302 read with Sec.149 I.P.C. challenge the conviction entered and the sentence passed against them by that court for the aforementioned offences.

(2.) The case of the prosecution can be summarised as follows:- On 1-11-1998 at about 9.30 a.m. the 8 accused persons owing allegiance to the B.J.P, out of their political enmity towards the person belonging to the C.P.I. (M) and in furtherance of their common object of causing the death of Pavithran a C.P.I.(M) activist, formed themselves into an unlawful assembly in front of the veranda of shop No.37 of Thrippangottur Panchayath at Poyiloor and armed with deadly weapons like chopper, sword-stick, hatchet etc. and committed rioting. They attacked Pavithran who was sitting in front of the aforesaid shop by inflicting a stab injury on his right leg with a hatchet. When Pavithran, after receiving injury, made an attempt to escape from there the accused persons chased him and cut him and stabbed him with the aforesaid lethal weapons in front of the hotel of one Kumaran. After sustaining the grievous injuries when Pavithran fell down, the accused persons took to their heels. Pavithran who was initially taken to the Government Hospital, Thalassery was referred to the Medical College Hospital, Kozhikode from where he succumbed to the injuries. The accused have there by committed offences punishable under Secs. 143, 147, 148 and 302 read with Sec.149 I.P.C.

(3.) On the accused pleading not guilty to the charge framed against them by the court below for the aforementioned offences, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 16 witnesses as P.Ws 1 to 16 and got marked 19 documents as Ext. P1 to P19 and three material objects as M.Os 1 to 3.