UNNIKRISHNAN @ KANNAN AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment of conviction against the three accused in S.C. No.138/1998 of the Court of Session, Palakkad is under challenge in this revision. Pending the revision, the 2nd revision petitioner died, and his death was recorded in the proceedings, on production of the death certificate. The charge against the 2nd revision petitioner has thus, abated.

(2.) The revision petitioners faced prosecution before the learned Principal Assistant Sessions Judge, Palakkad on the allegation that at about 3.45 p.m. on 21.7.1997, while the defacto complainant Sabu and his workers were doing some maintenance work on the ridge in between his property and that of the accused, he was prevented by the accused, and when Sabu continued the work, despite the objection raised by the accused, they surrounded him, and dragged him to the nearby property of Chacko, where, they assaulted him and inflicted simple and grievous injuries with weapons in an attempt on his life. The police registered the crime on the complaint made by the said Sabu, and after investigation, submitted final report in court under Sections 342, 506(i), 324, 326 and 307 IPC read with Section 34 IPC. All the three accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them.

(3.) The prosecution examined eleven witnesses, and proved Exts.P1 to P15 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 and projected a defence that the de facto complainant sustained injuries in a fall during a scuffle that ensued at the place, and that the 1st accused also had sustained injuries in the scuffle. In defence, one witness was examined as DW1, and Exts.D1 to D12 were also marked on their side. The MO1 to MO5 properties of offence were also identified during trial by the material witnesses.