NALINAKSHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the mother of the deceased challenging the judgment of acquittal passed by the 3rd Additional Sessions Judge, Kollam in S.C. No. 352 of 2007. The third accused expired even prior to the commencement of trial.

(2.) The case of the prosecution is as follows: PW3 is the brother-in-law of 2nd accused and a friend of 1st accused. CW4 is a relative of deceased Jayakumar. On 28/08/2004, at about 03.30 p.m., a quarrel and scuffle took place between PW3 and CW4 near Moonnuthengintharamukku at Sakthikulangara and, in the said incident, deceased Jayakumar intervened as a mediator. The accused were having enmity towards the deceased Jayakumar on the belief that Jayakumar had supported CW4 in that incident. Due to the said enmity, the accused had a common intention to murder Jayakumar and with that intention, accused nos. 2 and 3 had approached Jayakumar on the same day at about 7.00 p.m., while the deceased, PW1, PW2 and PW11 were sitting on the platform of 110 K.V. electric tower of K.S.E.B near Kavanadu-Maruthadi road near Moonnuthengintharamukku. Thereafter, accused nos. 2 and 3 called the deceased and told him that they had to say something to him. They asked him to accompany them. Accordingly, he went with them and the accused caught hold of the deceased on his both hands by which he was wrongfully restrained and thereafter 2nd accused hit on the head and forehead of the deceased questioning his taking the role of a mediator. Due to the said hit, he sustained injury on his head and forehead. At that time, the 1 st accused who reached there along a pathway on the northern side of the road stabbed Jayakumar on the middle of his chest with a knife by uttering obscene words and also by saying that the deceased need not act as a mediator. Jayakumar succumbed to the injuries later.

(3.) From the side of prosecution, they examined PWs 1 to 11 as witnesses, produced documents Exts.P1 to P13 series and produced and identified MO1 to MO5.