STATE OF KERALA Vs. SATHEESH AND ORS.

JUDGEMENT

(1.) The State, aggrieved by the acquittal of the accused in S.C. No. 1026/2005, has approached this Court by filing this appeal.

(2.) The facts absolutely necessary for the disposal of this appeal are as follows:

(3.) The prosecution allegation is that, the deceased used to park the auto rickshaw in the compound of the accused persons which they did not like. On a number of occasions, objection had been taken to the said conduct of the deceased, but that went unheeded. On the date of incident too, the same thing happened and it is said that, that resulted in a quarrel between the deceased and the accused persons. Further allegation is that, using the weapons which were recovered by the investigating officer, 1st accused attacked him with a chopper and 2nd accused beat him with an iron pipe and 3rd accused with a stick and inflicted several injuries on the deceased which ultimately resulted in his death. The prosecution case is that, hearing the cries of P.W. 3 finding her husband, injured in the courtyard of the accused persons, P.Ws. 1 and 4 reached the place. The prosecution would allege that P.W. 3 narrated the incident in which, her husband suffered injuries to P.Ws. 1 and 4. P.Ws. 3 and 4 then fetched a vehicle and removed the deceased to the hospital. However, by the time they reached the hospital, the deceased had already left this world to the heavenly abode.