APPUKUTTAN Vs. STATE

JUDGEMENT

(1.) Accused 1 to 3 in Sessions Case No. 6 of 1986 on the file of the Additional Sessions Judge, Parur are the appellants. Criminal Appeal No. 450 of 1986 is filed by accused 1 and 2 and Criminal Appeal No. 482 of 1986 is filed by accused 3. They were convicted for offences punishable under S.302 read with S.34, I.P.C. and each of them was sentenced to undergo imprisonment for life. The 4th accused who was tried along with the appellants was found not guilty of any offences and he was acquitted.

(2.) The occurrence took place on 21-1-1984 at 8.30 a.m. at a place near Chattukulam Temple on the side of the Binanipuram Road in Kadungallur. Muraleedharan, who died in the occurrence, was the first accused in Sessions Case No. 12 of 1982 which was charge-sheeted for the murder of one Rajagopalan. Muraleedharan was acquitted as per Ext. P15 judgement dated 15-9-1983. The motive for the occurrence in this case is alleged to be the acquittal of the deceased in the above Sessions case. It is the prosecution case that the appellants along with the 4th accused proceeded to the place of occurrence on two bicycles, A1 and A2 riding on one bicycle and A3 and A4 riding on another bicycle along the Binanipuram Road north to south. The deceased was coming on a bicycle from the south to the north along the same road. When the accused saw the deceased, they got down from the cycles. A4 stopped the cycle of the deceased by holding the handle and A1 inflicted a cut on the deceased with MO 34 sword. The deceased fell down along with the bicycle on which he was riding. Thereupon A2, A3 and A4 attacked the deceased with daggers M.Os. 1 to 3. A1 also dealt one more cut with the sword on his right hand. A2 and A3, after inflicting the injuries on the deceased, went towards east from the place of occurrence along with the compound of Chattukulam Temple. A1 and A4 went on bicycle towards north. PW 5 Abdurahiman tried to stop A4's cycle and thereupon A4 left the cycle and ran towards east and A1 escaped. PW 1 Karunakaran and PW 2 Sridharan were also present there. PW 1 went to the Alwaye Police Station at 9.15 a.m. and gave Ext. P1 first information statement, which was recorded by PW 21, the Assistant Sub-Inspector of Police, Alwaye. On the basis of Ext. P1, PW 21 prepared Ext. P17 first information report and registered Crime No. 16/84. PW 21 went to the scene of occurrence and conducted inquest over the dead body and prepared Ext. P8 inquest report. He took into custody MO 23 Hero Jet Cycle and MO 32 Hercules Cycle along with some other material objects: PW 18, Civil Surgeon, Govt. Hospital, Alwaye conducted post-mortem on the body of the deceased and prepared Ext. P14 post-mortem certificate.

(3.) On 22-1-1985, PW 22, the Circle Inspector of Police took over the investigatin. On the next day, he searched the houses of A1, A2 and A3. Nothing was recovered from there. He arrested the accused 1 to 3 on 28-1-1984 at 12.30 p.m. at Alwaye-Parur Junction. After arrest, the blood-stained dress of A1, M.Os. 4 and 5, were recovered from his body under Ext. P6 mahazar. M.Os. 35 and 36, the dresses of A3, were also recovered as per Ext. P11 mahazar. Pursuant to the information furnished by A3, MO 3 dagger was recovered under Ext. P10(a) disclosure statement of A2, MO 2 dagger was recovered under Ext. P12 mahazar. He also recovered the clothes of A3, M.Os. 6 and 7 under Ext. P7 mahazar on the information furnished by A3. Similarly, the disclosure statement made by A1 led to the discovery of MO 34 under Ext. P9 mahazar. The correct addresses of A1 to A3 were collected by PW 22 from them and he sent Ext. P18 report on 29-1-1984 furnishing the correct addresses of the accused 1 to 3. PW 22 arrested A4 on 30-8-1984 and pursuant to the statement given by A4, MO 1 dagger was recovered under Ext. P13 mahazar. After completing the investigation, PW 22 laid the charge before the Judicial IInd Class Magistrate, Alwaye, who committed the four accused to stand trial before the Court of Additional Sessions Judge, Parur.