MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) FIVE persons were sought to be prosecuted for the offences punishable under S.143, S.147, S.148, S.307 and S.302 read with S.149 Indian Penal Code. The second accused died during the pendency of the case before the Trial Court and hence the charge as against him stood abated. Accused Nos. 1, 3 and 5 were acquitted of all the charges. The fourth accused was found guilty of the offences punishable under S.143, S.147, S.148, S.302 and S.307 read with S.149 of IPC and convicted and sentenced to suffer rigorous imprisonment for six months for the offence punishable under S.143 IPC, rigorous imprisonment for two years for the offence punishable under S.147 IPC, rigorous imprisonment for three years for the offence punishable under S.148 IPC, imprisonment for life for the offence punishable under S.302 IPC and rigorous imprisonment for ten years for the offence punishable under S.307 IPC. He was also directed to pay an amount of Rs.1,00,000/- (Rupees One Lakh) as compensation to the legal representatives of the deceased within twelve months from the date of the order, in default of payment of which, he has to suffer simple imprisonment for a further period of three years.

(2.) THE incident took place on 12/04/1999 at about 11.30 a.m. PW 1 is residing with his family near the Marad Beach. He is a casual labourer. On the date of the incident, at about 11 a.m. he was on his way to buy provisions from a nearby shop. When he was about to reach his home on return, he heard a loud noise and he found a person lying on the road with injuries. The injured man called him for aid. However, the family members of PW 1, who were watching the incident, dissuaded PW 1 from going near the injured. PW 1 informed the police control room. Thereafter, he went near the injured. By that time police had arrived. Unfortunately the man was dead by then. Another person was also seen lying a little further away injured in the incident. PW 1 gave First Information Statement. It was recorded by PW 19, who registered crime as per Ext. P21 First Information Report as Crime No. 45 of 1999. Investigation was taken over by PW 21. He reached the place and made necessary arrangements for sending the injured to the hospital. He prepared Ext. P23 inquest report. He seized the clothes found on the body of the deceased at the time of inquest and also other materials found at the place of incident. Since the place of occurrence was described in the inquest report, he did not prepare a separate scene mahazar. The body was sent for autopsy. PW 10 attached to the Medical College, Kozhikode conducted autopsy over the body of the deceased and prepared Ext. P11 report. The report shows that Sajeesh, the victim died as a result of the injury suffered by him on his neck. PW 21 recorded the statements of witnesses. Subsequent investigation was done by PW 22. He had the accused arrested. Based on the confession statement given by the first accused, MO 1 and MO 1(a) weapons were seized as per Ext. P17 mahazar. Confession statement given by the third accused was to the effect that he had thrown the weapon into a sea. Based on the confession statement said to have been given by the fourth accused MO 2 was recovered as per Ext. P29 mahazar. The investigation was completed and final report was laid.

(3.) THE said Court, on receipt of records, issued summons to the accused and they entered appearance. After hearing both sides, charge was framed for the offences punishable under S.143, S.147, S.148, S.307 and S.302 read with S.149 IPC. To the charge, the accused pleaded not guilty and claimed to be tried. Prosecution therefore had PWs 1 to 22 examined Exts. P1 to P36 marked. MOs 1 to 19 were identified and marked. On the close of the prosecution evidence, the accused was questioned under S.313 of the Criminal Procedure Code. They denied all the incriminating circumstances brought out against them and maintained that they were innocent. On finding that the accused could not be acquitted under S.232 of CrPC, they were directed to enter on their defence. They had examined DWs 1 to 3 and Exts. D1 to D25 marked. Ext. C1 is the third party exhibit. On an appreciation of the evidence in the case, the Court below came to the conclusion that the prosecution has not succeeded in establishing the guilt against accused Nos. 1, 3 and 5 and hence they were acquitted. But the fourth accused was found guilty and he was therefore convicted and sentenced as already mentioned. The said conviction and sentence are assailed in this appeal.