BIVEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 to 3 in SC No.805/2003 are the appellants in Crl.Appeal No.276/11. The State has preferred appeal against the very same judgment challenging the acquittal of accused 4 to 8. Accused 1 to 3 are found guilty for offences u/s 143, 148, 153A and 302 r/w 149 of I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/- for offence u/s 302 r/w 149 of I.P.C. with default sentence for a period of two years, rigorous imprisonment for a period of 3 months each u/s 143 I.P.C., rigorous imprisonment for a period of 2 years each for offence u/s 148 I.P.C. and rigorous imprisonment for a period of 2 years each for offence u/s 153A r/w S.149 of I.P.C.

(2.) The prosecution case is that, on 3/1/2002, at about 7.50 p.m, pursuant to a communal conflict between Hindus and Muslims, the accused who belonged to Hindu community formed themselves into an unlawful assembly along with 15 unidentified persons at Marad Beach and pursuant to their common object of committing murder of a Muslim by name Kunjikoya, committed riot and armed with deadly weapons such as sword, iron pipe, iron rod etc., attacked Sri.Kunjikoya inflicting severe injuries. He was taken to Medical College Hospital, Kozhikode, but he succumbed to the injuries on the very same night. Crime No.5/2002 was registered by the Sub Inspector of Police, Beypore Police Station based on the FIS given by one Beerankoya, who was examined as PW1. The investigation was conducted by Circle Inspector of Police, Kasaba Police Station and later final report was filed against eight accused as the other 15 of them could not be identified. The offences alleged were under Sections 143, 147, 148, 153A, 302 r/w 149 of I.P.C. and Section 5(1)(a) r/w S.27(1) of the Arms Act.

(3.) In order to prove the charge, prosecution examined PW1 to PW17 and placed reliance upon Exts.P1 to P19 documents. MO1 to MO8 were the material objects produced and identified.