T J SHAJI Vs. ANTONY

JUDGEMENT

(1.) Crl.R.P. has been filed by the defacto complainant, the son of the deceased challenging the acquittal of the accused in SC No.225/2001 of the Additional Sessions Court, North Paravur. The State has also preferred an appeal against the very same judgment by which the accused was acquitted as Crl.Appeal No.769/12. A petition to condone delay filed by the State happened to be allowed only on 14/6/2012 and thereafter the appeal was admitted on file.

(2.) The prosecution case was that there was a boundary dispute between the families of CW1 and accused Nos. 4 and 5. The accused 4, 5 and 10 along with the other accused formed themselves into an unlawful assembly and with a common intention of committing murder of Raju @ Shaji and his family members, came near the ground where certain entertainments were going on. This incident occurred on 18/5/1998 at 9.15 p.m. The accused came in a tempo van KEK 8186. All of them were armed with deadly weapons like swords, iron bars, wooden sticks etc. Prosecution alleges that the 5th accused hit CW3 Jaison @ Sebastian on his face with an iron rod. The first accused hit Johnson with an iron steel rod on his head. When accused 4 and 6 approached Shaji with swords, he ran away from the ground towards his house. All the 16 accused chased him and trespassed into the courtyard of the house of Shaji. They could not get Shaji. So they damaged the bullet motorcycle kept in the courtyard. Joseph, father of Shaji came out of the house and tried to prevent the accused from damaging the motor cycle. At the time the first accused inflicted a hit on the head of Joseph with an iron rod and 6th accused hit Joseph on his neck with an 'idikkatta'. On seeing the incident, Joseph's wife Victoria came to the rescue of her husband. She was pushed aside by the accused Jerome and it is alleged that Biju kicked her on her belly. Joseph ran away from the scene and accused Nos.1, 2, 6, 10 and 12 followed him. It is alleged that Joseph was assaulted with the weapons at a place on the eastern bank of Manjummel river. Joseph died on account of the injuries sustained by him.

(3.) The First Information Statement was given by PW1 Raju @ Shaji at 8 a.m on 19/5/1998. His statement was recorded by Sub Inspector of Police and Crime No.31/1998 was registered. Investigation was undertaken by the Circle Inspector of Police. He conducted inquest of the body. The dress found on the dead body and other material objects were collected from the scene of occurrence. The body was sent for postmortem examination. The District Police Surgeon conducted postmortem and opined that the cause of death was due to the injury sustained by hitting with weapons. The accused were arrested and as per their disclosure statement, material objects were recovered and final report was filed before the Judicial Magistrate of First Class, North Paravur. After completing the committal formalities, the matter was made over the Sessions Court Ernakulam. PWs 1 to 26 were examined and Exts.P1 to P22(a) and (b) were marked. Material objects produced and proved were MOs 1 to 11. Two witnesses were examined on behalf of the defence and they have marked Exts.D1 to D8 of which Exts.D1 to D5 are portions of the case diary statements of prosecution witnesses.