STATE OF KERALA Vs. BIJU @ PINDI BIJU

JUDGEMENT

(1.) has been filed by the State and has been filed by the legal heir of the victim challenging the judgment dated 12.12.2012 in S.C.No.503/2003 of the 1 st Additional Sessions Court, Thrissur. By the impugned judgment, the court below acquitted all the accused. The 2nd accused died during the pendency of the appeals as evident from the death certificate issued by the Registrar of Births and Deaths, Eriyad Gramapanchayat on 28.6.2018.

(2.) The Accused were charge-sheeted for the offences under Sections 143, 147, 148, 324, 326 and 302 read with Sectin 149 of the IPC. The prosecution case was that on 20.3.2001 at 8 pm, the accused persons armed with deadly weapons formed themselves into an unlawful assembly and with an intention to murder one Libeesh Babu, attacked him at Kattakulam-Thiruvallur Road while he was travelling in a scooter. He was attacked with deadly weapons. Thereafter he was taken to the hospital and he died due to the injuries sustained to his head at 8.35 pm on the same day.

(3.) In order to prove the prosecution case, PW1 to PW33 were examined and marked Exts.P1 to P42. MO1 to MO10 material objects were produced and identified.