KAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by accused 3 to 5 in SC No.245/2007 on the file of Additional Sessions Judge-IV, Thrissur. There were altogether five accused in the case. The charge against the first accused got abated as he died one year after the incident in the above case and according to the defence he was murdered as a retaliation to the crime committed in the above case. The 2nd accused remained absconding. The trial proceeded against accused 3 to 5.

(2.) The prosecution alleged that accused 3 to 5 along with accused 1 and 2 formed themselves into an unlawful assembly and in pursuance of a common object to commit murder, they attempted to murder PW1 and committed murder of Valsalan. The incident happened on 16/4/2006 at about 5.45 p.m. PW19 the Assistant Sub Inspector of Police recorded the FIS of PW1 on the basis of which Crime No.146/2006 was registered by the Vadakkekkad Police Station at 8.30 p.m. Ext.P1 is the FI statement and Ext.P18 is the FIR. The investigation was conducted by PW20, the Circle Inspector of Police. Accused 1 and 2 were arrested on 19/4/2006 at 3.30 p.m. and the third accused was arrested on 28/6/2006 at 4.30 p.m. Accused 4 and 5 surrendered before Court. After investigation, final report was filed against the accused alleging offences under Sections 143, 147, 148, 323, 307, 302 r/w S.149 of I.P.C.

(3.) Prosecution examined PW1 to PW20 and marked Exts.P1 to P43. MO1 to MO28 were the material objects that were identified before Court. Defence evidence consists of Exts.D1 to D4(b) which are portions of the previous statements of PW1, PW2, PW3 and PW5. Exts.D5 and D6 are certified copy of judgments in two other cases, in which the deceased was the accused.