SHIBU Vs. RAMASIS SHAW

JUDGEMENT

(1.) The appellant and five others were the accused in S.C. No. 63 of 1991 of the Additional Sessions Court, Pathanamthitta. They were tried for offences punishable under Sections 143, 147, 148, 342, 307 and 302 nw 149 IPC, the allegation being that they were members of armed unlawful assembly and in prosecution of the common object they attacked PW 2 and the deceased Samuel at 9.15 p.m. on 11.10.1989 from the road in front of the shop of one George Nellimala. PW 2 and Samuel sustained injuries to which latter succumbed on the way to the Govemment Hospital, Thiruvalla. Information about the incident was given by PW 1 to PW 12, on the basis of which Crime No. 485 of 1989 of Thiruvalla Police Station was registered. PW 13 conducted the initial investigation. He held the inquest and as per Ex, t. P-8 seized M.Os. 2 to 5 from the dead body P.W. 14 conducted the post-mortem and in his certificate, Ext. P-9, he opined that the deceased died as a result of the penetrating injury to his lungs. PW 17 took over the investigation, visited the scene of crime that was identified by PW 1 and as per Ext. P-7 Mahazar seized M.O. 6. He questioned the witnesses and recorded their statements. Accuseds 2 to 6 were arrested on 30.10.1989 and the first accused on 1.12.1989. As per his statement, marked as Ext. P-5(A), he seized M.O. 1 from an unoccupied place from the vicinity of the scene of the crime under Ext. P-5 that PW 7 had attested. The material objects were sent for chemical examination and were found stained with human blood by the Chemical Examiner vide his report Ext. P-12. PW 17 laid the charge sheet.

(2.) Upon the accused pleading not guilty to the charge, the prosecution examined P.Ws. 1 to 17, marked Exts. P-1 to P-12 and M.Os.1 to 6.

(3.) When questioned under Section 313 Cr. P.C., A2 to 6 denied that they were in any manner involved in the incident and maintained their innocence. The first accused, the appellant herein, stated that he was attacked by PW5 1 to 3, 6 and deceased Samuel at 8.30 p.m. on 11.10.1989 while he was returning home after work, that he somehow managed to escape, shut himself up in his house and on the next day early morning he went to the Thiruvalla Police Station, where he was detained. He urged that he was falsely implicated in the case. No witness was examined in defence.