STATE OF KERALA Vs. SASEENDRAN

JUDGEMENT

(1.) Fourteen persons would have marched out of the court with a contemptuous smile on 6.9.2003 having secured clean acquittal of the offences punishable under Sections 143, 147, 148, 302 read with Section 149 Indian Penal Code and Sections 3 and 5 of the Explosive Substance Act, mainly due to the magnanimity shown by the court below.

(2.) The deceased, namely, Parayil Sasi, P.Ws.1 and 3 and the accused belong to two rival political parties. The incident in this case occurred on 12.10.1999. On the said date at the relevant time P.W.1 was taking tea from the tea shop of Rajan. At about 8.30 a.m. he heard the sound of an explosion from the side of the play ground of the L.P. School. He came out of the tea shop. At that time, he found the accused and several others coming along running and the deceased and others going along the varamba of the paddy field. He found the accused running towards the deceased and two others, who were accompanying the deceased. The first accused is stated to have extorted 'kill him'. He threw a bomb at the deceased. That exploded on his face. The deceased fell down. The accused left the place. P.W.1 also says that the accused were carrying dangerous weapons. After the accused persons left the place, P.W.1 says that when he went near the victim he found him dead. He would say that the assailants were the followers of CPM and the deceased was a follower of RSS. He would say that the reason for the attack was political rivalry.

(3.) P.W.1 claims to have laid Ext.P1 First Information Statement before the Koothuparamba Police Station. Ext.P1 statement given by P.W.1 was recorded by P.W.9, who then was a Sub Inspector of Koothuparamba Police Station. On the basis of the said statement, he registered Ext.P1(a) First Information Report for Crime No. 394 of 1999 for offences punishable under Sections 143, 147, 148, 302 read with Section 149 Indian Penal Code and Sections 3 and 5 of Explosive Substance Act. He claims to have informed his superior officer. Investigation was taken over by P.W.11. He was then in the Crime Detachment, Kannur as Deputy Superintendent of Police. He prepared Ext.P2 scene mahazar. He recovered M.Os. 16, 18, 19, 20, 21, 22, 23 and 24 from the place of occurrence. Inquest was conducted over the body of the deceased and Ext.P4 report was drawn up. The body was then sent for autopsy. P.W.6 conducted autopsy over the body of the deceased and prepared Ext.P5 postmortem certificate. P.W.11 had the material objects collected during investigation sent for chemical analysis and the reports received by him are Exts.P7, P8 and P9. He recorded the statements of witnesses. He arrested the accused, completed investigation and laid charge before court.