JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) SEVEN accused persons were tried by the Court of session, Kasaragod for various offences including the offence punishable under S.302 read with S.149 I.P.C. Except first accused, all others were acquitted of all charges. The 1st accused was found guilty of offence punishable under S.304 Part II and was sentenced to undergo rigorous imprisonment for a period of 5 years. He was also directed to pay fine of Rs.1000/- with a default sentence of rigorous imprisonment for one month. Crl.A.No.439 of 1993 is an appeal preferred by the first accused challenging his conviction and sentence and Crl.A.No.805 of 1993 is an appeal filed by the state challenging the acquittal of accused

(2.) TO 7 and also praying for conviction of the first accused for the offence punishable under S.302 read with S.149 I.P.C. 2. We heard appellant's counsel and also the learned Public Prosecutor. The prosecution case is that on 14-4-90 deceased Appachan and 7 others had gone to the house of the appellant to enquire as to who had removed the D.Y.F.I, flag hoisted by them. Deceased Appachan and his colleagues are members of the Marxist party. Appellant and his relatives belonged to Congress (I) Party. The appellant, his mother, wife, sister and brothers were residing in a house adjoining to a public road. According to prosecution, when deceased Appachan and his friends reached near the house of the appellant, second accused Sunny came out of the house and asked who had filed police complaint against them. Then the deceased came forward and told that he had filed the police complaint. Then PW 6 told that if the Party's flag is lost, it is usual to file police complaint. The further case of the prosecution is that then the other accused also came out of the house and threatened deceased Appachan and others. Appachan was pushed down and PW 6 tried to pacify the accused persons. Then the appellant ran to a nearby house belonging to his brother and came out with a dagger and threatened that everyone would be finished and he stabbed deceased Appachan and the other accused also intervened. On sustaining stab injury, Appachan staggered few steps and fell on the ground. PW 6 and others ran away from the place. After some time, PW 6 came to the place and saw deceased Appachan lying there. He later went to Bedakam police station and gave Ext. P1 F.I. statement.

(3.) ON the prosecution side PWs 1 to 14 were examined and Exts.P1 to P17 were marked and M.O.1 to M.O.15 were exhibited.