STATE OF KERALA Vs. KANTHAN, S/O.MARIMUTHU

JUDGEMENT

(1.) This appeal is preferred by the State of Kerala challenging the verdict of acquittal passed by the 1 st Additional Sessions Judge, Kozhikode in S.C.No. 139 of 2012 by which all the accused were acquitted observing not guilty.

(2.) The case of the prosecution is that, on 17/11/1996, at 07.15 p.m., at the pathway leading to the house bearing door no. 24/1086 occupied by the deceased Muthuraj, the accused who were 5 in number, formed themselves into an unlawful assembly, the common object of which was to cause the death of Muthuraj, conspired together, committed the offence of rioting with deadly weapons like swords and accused nos. 1 and 2 inflicted injuries on the head and other parts of the body of Muthuraj and thereby all accused committed the offences punishable under Sections 143, 147, 148, 120-B and Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short 'IPC').

(3.) The case has the following history as far as the investigation and trial are concerned: The incident happened on 17/11/1996. Altogether there were five accused. PW1 gave Ext.P1 FIS to PW16 Head Constable of Kasaba Police Station on the same day and based on Ext.P1, PW16 registered Ext.P1(a) FIR. PW17 who is the then C.I. of Police, Kasaba Police Station took over the investigation. He prepared Ext.P5 inquest report and Ext.P8 scene mahazar. He seized material objects. CW44 who is the C.I. of Police, Kasaba Police Station arrested the accused, identified MO1 to MO3 and seized the car in which the assailants came from Tamil Nadu. He submitted the report to conduct the Test Identification Parade. He questioned the witnesses as well. The investigation was subsequently handed over to CBCID. PW19 and PW20 continued the investigation and PW21 completed the investigation and laid the charge-sheet.