STATE OF KERALA Vs. PRAJU

JUDGEMENT

(1.) The accused persons, who number 12, were charged and tried under Secs 143, 147, 148, 149, 153A, 302 and 325 of the Indian Penal Code ( IPC ). They were acquitted by the trial court. Hence the prosecution has come in appeal.

(2.) The prosecution case goes as follows: The incident had taken place at 8 p.m on 3.1.2002. The place of occurrence was the beach at Marad in Kozhikode district. The accused formed themselves into an unlawful assembly. The common object of it was to do criminal acts including murder in order to promote communal disharmony among hindus and muslims living in the area. The accused committed rioting. They were then armed with deadly weapons. They set fire to a fibre boat, two engines and fishing nets of one Yunus and attacked him. Yunus was cut with swords by accused 1 and 2, beaten with a stick by the 3 rd accused, stabbed with a knife by the 4 th accused, cut with a chopper by the 7th accused and beaten with an iron pipe by the 9th accused.

(3.) PWs 1 to 22 were examined and Exts P1 to P27 and MOs 1 to 9 were marked on the side of the prosecution. On the defence side, DWs 1 to 6 were examined and Exts D1 to D25 were marked.