JAYACHANDRAN @ KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the first accused in SC No.463/2008 challenging judgment dated 1/10/2010. The first accused was found guilty and sentenced to undergo imprisonment for offences u/s 324 and 302 of IPC.

(2.) In an earlier round, appeal was decided as per judgment dated 10/4/2017, confirming the conviction and sentence of the accused. An application came to be filed as Crl.M.A. No.2599/2017 to recall the judgment dated 10/4/2017 on the ground that the contention that the offence came to be committed by exercising the right of private defence of property, though specifically raised and argued was not considered. In fact, this Court had considered the claim of private defence raised by the accused as if it were a claim of private defence of body and no mention has been made in the judgment about the claim u/s 97 IPC. The Division Bench which decided the case, therefore recalled the judgment. paragraph 15 and operative portion of the order reads as under:-

(3.) To put the facts in brief, the allegation is that the accused along with certain persons formed into an unlawful assembly armed with deadly weapons like knife, pipes and jack lever committed rioting and in prosecution of their common object inflicted injuries on PW2 and the deceased Prasannan. The incident happened on 16/5/2004 at 10.20 p.m. Prasannan having sustained fatal injuries died within an hour. PW2 sustained stab injuries on his buttock. The trial court acquitted accused 2 to 7 on the finding that prosecution failed to establish the case. The appellant/1st accused alone had been convicted for having committed offence u/s 302 and 324 IPC.