STATE OF KERALA Vs. SASI

JUDGEMENT

(1.) Eleven persons were sought to be prosecuted for the offences punishable under Sections 143, 147, 148, 341, 324, 506(ii), 307 and 302 read with Section 149 of IPC. Among them, 9th accused died during the pendency of the trial and the charge against him therefore got abated. Others stood the trial. They were found not guilty and hence were acquitted under Section 235 of Cr.P.C. of all the offences levelled against him. The state has come up in appeal.

(2.) The incident as disclosed from the records available before us is that on 31.3.2004, at about 7.00 p.m., PWs 1, 4, 10 and the deceased Mohandas were sitting under the Banyan tree at Vennur Centre talking about various things. The allegation is that at that time, the assailants, who belonged to INTUC group, came near them and unleashed an attack. The second accused is alleged to have inflicted injury on PW1. He claimed that on receiving the injury, he fell down. The first accused using a chopper inflicted injuries on PW10. The third accused is alleged to have inflicted stab injuries on the deceased Mohandas using a knife which he carried with him. The 7th accused is alleged to have dealt a blow on PW4 using an iron rod. The other accused persons, initially shown, are alleged to have been watching the incident and encouraging and exhorting as the assailants continued to attack the injured persons. Hearing the cries let out by the injured when people began to gather at the spot, the assailants left the place. According to the prosecution, Raveendran, Dasan, Anandan and Manikantan and a few others who had come to the spot removed PW1 & PW10 to the Government Hospital at Pazhayannur and so also the deceased. On reaching the hospital, the doctor pronounced Mohandas dead and after attending to PWs 4 and 10, prepared Exts. P6 and P7 wound certificates. However, PW9 examined PW4 at Thrissur Medical College Hospital and prepared Ext.P8 wound certificate. In the meanwhile, PW1 laid Ext.P1 First Information Statement. That was recorded by PW6 on the basis of which PW7 registered the crime. PW13 took over investigation. He proceeded to the place where the body of Mohandas was retained and prepared Ext.P2 inquest report. He then proceeded to the place of occurrence and prepared Ext.P4 scene mahazar. The various articles found at the place of occurrence were seized by him as per Ext.P4 scene mahazar. They are MOs 5 to 16. The torch recovered was marked as MO17 and the strap of watch was marked as MO18. He recorded statements of witnesses.

(3.) On 04.4.2004, according to PW13, though it is stated during his examination that he had filed Ext.P13 report showing the address and details of the accused persons, in fact, Ext.P13 report seeks to delete the names of certain persons from the array of accused persons as shown originally in the FIR. On the very same day itself, he also filed Ext.P14 report adding some others on the party array. He had accused Nos. 2 and 3 arrested on 8.4.2004 and accused Nos. 4, 7, 8, 9, 10 and 11 on 4.4.2004. According to PW13, as per the confession statement given by the second accused, MO2 was recovered as per Ext.P3 mahazar. On 12.4.2004, he had the first accused arrested and accused Nos. 5 and 6 were arrested on 15.4.2004. He also had a forwarding note sent to the court for having the articles seized during investigation sent for chemical examination. PW12, who succeeded PW13 verified the records and laid charge before court.