KUMAR @ KELAN KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.6/06 of the Sessions Court/Special Court for trial of cases under the SC/ST Act Cases, Thiruvananthapuram, who stands convicted under Sections 143, 147, 148, 324, 332 and 307 read with Section 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years and to pay a fine of 10,000/-, in default, to undergo rigorous imprisonment for one year for the offence punishable under Section 307 read with Section 149 IPC and sentenced to various terms of imprisonments for the other offences.

(2.) On 06.04.2000 at about 2.45 p.m. PW1, injured who was the Sub Inspector of Police, Thumba Police Station, while he was at his official quarters for taking lunch, allegedly received an information that a tumult was going on between two groups of people armed with weapons at a place called Meda Nada. Immediately, he rushed to the police station by the official police jeep and took five policemen along with him to the said scene. PW3 and PW4 were among the said policemen. When they reached the place, they could see around 35 persons standing gathered, armed with weapons like sword, chopper, hatchet, stone, crackers etc. under the leadership of A1, Kelan Kumar, Kadukka Sasi, Super Babu, and Santhosh @ Kottar Kuttan in an unruly manner.

(3.) On seeing the unruly mob, PW1, who was driving the police jeep, stopped the police jeep. Immediately, the unruly mob rushed to the police jeep by uttering the caste name of PW1, who is a member of a scheduled caste community. A1 stamped on the right shoulder of PW1 and punched forcibly on his nose with a punching block, by uttering that he would not be left alive. Thereafter, A1 repeatedly hit on his face with the punching block. The person named Kadukka Sasi attempted to inflict a cut aimed at the neck of PW1 with the hatchet. Immediately, PW1 started the police jeep and moved forward. At that time, the persons named Super Babu and Kottar Kuttan pelt and exploded crackers in front of the police jeep. PW1 and the other policemen escaped from the spot. PW1 went to the Medical College, Thiruvananthapuram, where he was admitted as inpatient. PW6 Assistant Professor, ENT Department, Medical College, Thiruvananthapuram, examined PW1 at 3.20 p.m. on 6.4.2001 and prepared Ext.P10 wound certificate.