T K VALSALA Vs. KANNAN C A

JUDGEMENT

(1.) This appeal has been filed by the mother of the deceased Radhu @ Radhakrishnan. By judgment dated 31/1/2013 in SC No.377/2009, the District and Sessions Judge, Ernakulam acquitted all the four accused involved in the crime. The prosecution alleged that, on 21/5/2007, at about 8.45 am., while the deceased along with PW11 was proceeding in a motor cycle, accused 1 to 4 came in a Maruthi Omni van and hit on the motorbike. The deceased and PW11, the pillion rider fell down. The accused got down from the van and with sword, chopper and iron rods inflicted severe injuries on the deceased and pushed him into the water body thereby causing his murder. PW11 swam across a water channel and ran away from the scene.

(2.) Crime No.215/2007 was registered by PW17 based on the First Information Statement (Ext.P1) given by PW1. Investigation was conducted by PW18 for the offence u/s 302 r/w S.34 of I.P.C. and he had submitted final report before the Judicial Magistrate of First Class, which was committed to the Court of Sessions.

(3.) Before the trial Court, PW1 to PW20 were examined and Exts.P1 to P25(a) were marked. MO1 to MO4 were the material objects that were produced and identified. The inquest on the dead body was conducted by PW18 and Ext.P4 is the inquest report. PW12, the Forensic Surgeon conducted postmortem and he noticed 33 ante-mortem injuries. In his opinion, the cause of death was due to the combined effect of the injury sustained to the head i.e., injury Nos. 3 to 11 and drowning. He also opined that all the injuries can be caused by MO1 to MO4 weapons. The Sessions Court after having come to a finding from the aforesaid evidence that death of the deceased was a homicide, proceeded to consider the evidence of other witnesses.