(1.) Crl. Appeal No. 96/12 has been filed by the State seeking enhancement of sentence of accused Nos. 2 to 4, 6 and 7. All other appeals are filed by accused 1 to 8 and 12. DSR No. 8/2009 relates to the death sentence imposed on the first accused.
(2.) An accident occurred on 20-7-2005 at 1.45 p.m. in the National Highway near Kanichukulangara Junction, Alappuzha District. Two vehicles were involved in the accident - a lorry bearing Regn. No. KRO 1760 and a Tata Safari car bearing No. KL-13-E/9180. According to P.W. 1, the informant, the lorry was proceeding from north to south and the Tata Safari car from the opposite direction. Persons named Ramesh, Latha, Vijayadharan and Kuttikrishnan were travelling in the Tata Safari car, which was driven by Shamsudeen. The accident occurred due to the rash and negligent act on the part of the driver of the lorry. The injured Shamsudeen, Ramesh and Latha died on account of the injuries sustained by them and Vijayadharan (P.W. 8) and Kuttikrishnan (P.W. 6) were seriously injured. Crime No. 227/2005 of Mararikkulam Police Station was initially registered on 20-7-2005 at 8.00 p.m. alleging offences under Sections 279, 338 and 304 of Indian Penal Code. Ext. P-129 is the FIR. In the FI statement (Ext. P-1), P.W. 1 stated that he is the brother-in-law of Shamsudeen who was working as a driver of Everest Chits at Cherai. The Managing Director, Sri. Ramesh's son's birthday was on the next day. Ramesh had gone to Karunagapally to bring his sister for which he had taken his Tata Safari car and it is while coming back in the said vehicle towards Cherai that the accident occurred.
(3.) While the inquest of three of the deceased were being prepared, the members of the Panchayat doubted that it was not an accident, but the accident was deliberately created to do away Ramesh taking into account his growth in business.
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