AMEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was the first accused in S.C.211/2013 on the file of the court of session, Kottayam division. He was convicted and sentenced under Secs 302 and 449 of the Indian Penal Code (IPC) by the additional sessions judge, Pala. Accused 2 to 5 were acquitted.

(2.) Stated below is the prosecution case : There was a quarrel and heated exchange of words between the appellant and PW11 Rejimon. Both were autorikshaw drivers and the dispute was regarding parking of their vehicles. Thereafter the appellant along with his two brothers (accused 2 and

(3.) ), mother (fifth accused) and a friend (fourth accused) went to the house of PW11 in search of him to attack him. The appellant and accused 2 to 4 trespassed into the varandah of the house of Babu, the father of PW11. The appellant hit Babu with a stone on his head. He sustained serious injuries and fell down in the courtyard of his house. He was hit with stones by accused 2 and 3. When Babu's father (PW1) tried to rescue him, the appellant with the stone hit on the face of PW1. When PWs 2 and 5 came to the courtyard, the fourth accused beat PW5 with a stick on the nose and right knee and the second accused kicked PW2. The appellant snatched the stick from the fourth accused and beat Babu and PW5. The fifth accused who is the mother of the appellant and accused 2 and 3 stood in the courtyard of the house of Babu and abetted her children by instigating them to kill Babu. The incident was at around 6.15 pm on 5.8.2012. Babu succumbed to the head injury on 2.1.2013. 3. The trial court framed charges against the accused persons under Secs 114, 302, 323, 324 and 449 of IPC read with IPC 34. They denied the charges and claimed to be tried. PWs 1 to 21 were examined and Exts P1 to P46 and MOs 1 to 9 were marked on the side of the prosecution. Exts D1 to D3 were marked on defence side during the course of prosecution evidence. The accused persons were examined under Sec.313 of the Code of Criminal Procedure (Cr.P.C.). They were not acquitted under Sec.232 of Cr.P.C. They were called upon to enter on their defence and adduce evidence. They did not adduce any oral evidence, but Exts D4 and D5 were marked on their side.