ALIKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Disputes on the sharing of booty among the pick pocketiers, according to the prosecution, led to the killing of Anwar, a fellow pick pocketier. The gruesome incident occurred inside a stage carriage bus bearing registration number KL13/5290 which was plying from Kozhikode to Guruvayoor. Prosecution version is that the accused persons had caused physical assaults on the deceased by hitting his head on the iron rod fixed on the bus seat, also hitting with bent elbow on his head which resulted in the death of Anwar. The incident had taken place around 4 p.m. on 09/08/1995. On the bus reaching the Valancherry bus stand, cleaner of the bus PW 10 reported the incident to the police constable, Ramachandran, who prepared Ext. P11 report. Based on the report PW 15, Inspector attached to Valancheri police station lodged Ext. P12 FIR. Accused 1 and 2 who had allegedly inflicted serious injuries on Anwar were restrained by some local people and employees of the bus and were handedover to PW 15. Anwar was taken to nearby hospital. PW 12 Medical. Officer who attended the injured at about 7.45 p.m. on 981995 declared that the injured was brought dead. Ext. P23 is the wound certificate issued by him. On receipt of the information about the death of the injured, PW 18 reached the hospital and prepared Ext. P4 inquest report. Accused 3 and 4 were later apprehended. All the accused persons were charge sheeted for the offence of murder punishable under S.302 read with S.34 IPC.

(2.) On completion of the investigation, charge was laid before the Judicial First Class Magistrate, Tirur and the case was committed to the Sessions Court as per order in CP No. 37 of 2001 for trial and disposal.

(3.) On the accused persons pleading not guilty to the charges framed against them, prosecution was permitted to adduce evidence in support of its case. Prosecution examined PWs. 1 to 19 and marked Exts. P1 to P26. After the close of the prosecution evidence, accused persons were questioned under S.313 of the Code of Criminal Procedure with regard to the incriminating circumstances but they maintained their innocence. Though the accused persons were called upon to enter on their defence and to adduce evidence in support of their case, no oral or documentary evidence was adduced on the side of the defence.