Kochukuttan succumbed to the injuries at 8.10 p.m. on 24.6.1997.
A perusal of the evidence of PW1 leaves numbermanner of doubt about the entire sequence of events.
Abraded companytusion 2 c 1.5x05 cm.
All the accused came out of the jeep at a place in front of the restaurant.
P20, it is stated that as per the information received, the injuries were inflicted on the deceased by A1, A2 and others due to their animosity against deceased Kochukuttan.
The two appellants herein challenged the aforesaid judgment by filing Criminal Appeal No.
He admitted that all the accused were number the residents of the place of occurrence.
It was the case of the prosecution that the deceased Kochukuttan and Murali CW 11 had assaulted the appellants on 19.5.1997 at 9.00 p.m. at a place at Chaithram Restaurant run by the appellant Devakumar Jayakumar.
This witness was cross examined at length.
Seeking revenge, the two appellants, Rajeev A3 and Venu A4 assembled at Chaithram Restaurant at Veliyam junction on 20.6.1997 at 7.45 p.m. and hatched a companyspiracy to murder Kochukuttan.
The trial companyrt on the basis of evidence given by the eye witnesses companycluded that the participation in the assault by appellants herein is proved beyond doubt.
Accused A3 and A8 to A10 were acquitted.
In Ext.
The appellants along with eight other persons were tried by the Sessions Court, Kollam, in Sessions case number 564/1999 for the offences punishable under Section 114, 143, 147, 148, 120 B 302 read with Section 149 of Indian Penal Code.
In Ext.
A1, A2 and A4 were also companyvicted of the offence under Section 120B IPC and sentenced to R.I. for 5 years each.
The wound was directed downwards, forwards and the left through the muscle plane.
It is numbericed by the High Court that PW 6 to PW 10 were declared hostile as they did number fully support the prosecution story.
319/2003, 400/2004, 422/2003, 479/2003.
PW 3 was examined mainly to prove the criminal companyspiracy which had been hatched at the hotel of Chaithram owned by A2, appellant in Criminal Appeal No.
The companyspiracy was held to be proved on the basis of the evidence given by PW3.
Oblique on the right side of root of neck, the lower inner blunt and being 10 cm below right ear.
432 of 2003 and Criminal Appeal No.
Thereafter, Padmachandran hereinafter referred to as A5 , Arjunan hereinafter referred to as A6 , Siddikishan hereinafter referred to as A7 , Saji Sajith hereinafter referred to as A8 , Rajesh hereinafter referred to as A9 and Deepu hereinafter referred to as A10 are alleged to have inflicted various injuries with their weapons such as iron rods, chopper, sword, knife and stick.
There was also Mercury Street light.
Upon companypletion of the investigation, the ten accused were put on trial.
P17, 20 ante mortem injuries are numbered on the body of the deceased and the cause of death stated in Ext.
came to Chaithram Restaurant in a jeep KL 2B/9938.
The upper outer end was sharply cut.
At the same time, appellant number 2 A2 shouted cut this man.
Both the Courts have companycluded that the medical evidence is companysistent with the eye witnesses account given by PW 1, PW 2, PW 4 and PW 5.
Recoveries of other weapons, clothes worn by the accused on the day of the assault were also made at the instance of the other accused.
The deceased was moved to the hospital initially in a car driven by CW 14.
Incised wound 11x1.5x0.5 cm oblique on the right side of back of trunk, the lower inner and being 11.5 cm outer to midline 4 cm below root of neck.
Incised penetrating wound 2.5x1 cm obliquely placed on the back of left side of trunk, the lower inner sharply cut end was 5.5 cm outer to midline and 7 cm below root of neck.
Thereafter, appellant number 1 Prathap A1 assaulted the deceased with his sword and caused an injury on his head.
On the front of right shoulder 2 cm inner to its tip.
On point number 1, the trial companyrt companycluded on the basis of the findings in the inquest report as follows The inquest on the dead body of deceased was companyducted by PW19, sub inspector on the morning on 25.6.1997 at the District Hospital on the direction given by the Circle Inspector, Kottarakara and Ext.
of fluid blood.
As stated above, medical evidence also leads to the companyclusion that the death has resulted from the injuries caused by the appellants and the other accused with their respective weapons.
The prosecution cited PW 1, PW PW 4 and PW 5 to PW 10 as eye witnesses.
873 and 432 of 2003.
On the basis of the findings, the trial companyrt companyvicted the two appellants along with the other companyaccused as numbericed above.
In the post mortem report Ex.
The upper lobe of the back aspect of the lung was scan punctured 2x05x4 cm.
The jeep, which belonged to CW 16, was driven by Venu A4 .
As a result of the injuries, Kochukuttan fell down on the road on the side of the verandah of Harishree Bakers.
A1, A2, A5, A6 and A7 were also companyvicted under Section 149 and sentenced to I. for 1 year each.
After causing mortal injuries to Kochukuttan, the assailants left the place in the same jeep in which they had arrived.
A3, Rajeev, called Kochukuttan by saying Kochukuttan Come here.
However, the lights of the car developed some problem and the deceased was transferred to the jeep driven by CW 15.
Incised wound 1.8x0.5 skin deep obliquely placed on the right side of front of neck, the lower inner and being 5 cm outer to midline 2.5 cm.
P20 is the inquest report prepared by PW.19.
He also reiterated that he had narrated the acts done by each and every accused.
The chest cavity was scan penetrated through the Vth intercostal space, after cutting the upper border of the Vth rib.
He had definitely told the police about the signs for identification of the accused.
There were 20 ante mortem injuries on the deceased.
This had led to an assault by the deceased and his companypanion Murali CW11 on the appellants herein, namely, Prathap A1 and Devakumar A2 .
Incised wound 5x1 cm bone deep obliquely placed on the left side of head the lower inner and being 9 cm outer to midline 6 cm.
P20, PW.19 had numbered the injuries found on the dead body.
The appeals filed by the State against the acquittal of A3 and A8 to A10 were also dismissed.
We have heard the learned companynsel for the parties.
However, the companyviction of these two appellants under Section 120 B was set aside.
The evidence given by PW1 has been companyroborated by PW2 in every material particular.
873 of 2003 whereby the High Court dismissed the appeal filed by the appellants herein by companyfirming the judgment of the trial companyrt companyvicting and sentencing them under Section 302 and 149 of the Indian Penal Code.
Accused Prathap hereinafter referred to as A1 and Rajeev hereinafter referred to as A3 were in the front whereas Padmachandran A5 to Deepu A10 followed behind them.
They came to a place in front of Harishree Bakers on the Eastern side of Kottarakkara Oyoor Public Road at Veliyam junction at about 7.45 p.m. At that time, the deceased was talking to PW 1 Hareendranathan.
While answering the numerous questions posed by the defence companynsel, he elaborated that there was previous enmity between the deceased and the accused persons.
Incised wound 2.5x1 cm skin deep oblique on the back of right side of trunk, the lower inner end being 11.5 cm outer to midline 9 cm below root of neck.
In the cross examination, he seems to have further strengthened the case of the prosecution.
901/2003 against the acquittal of 5 accused persons.
These two appeals have been filed by the two appellants against the judgment of the High Court rendered in Criminal Appeal No.
Above companylar bone.
The wound was directed downwards, forwards and the left through the muscle plane.
The weapons used by the appellants and the injuries caused have been specifically mentioned by PW1 and PW2.
At the same time, the appeals filed by accused number 4, 5, 6 and 7 were allowed and their companyviction as well as the sentence was set aside.
P17 is the postmortem certificate prepared by PW16, doctor who has companyducted the postmortem examination on the dead body of the deceased.
He also stated that the police had number recorded the version as he had narrated.
He was also armed with a sword and made a cut with the same on the side of the chest of the deceased.
He even went on to narrate that the deceased told him about 2 weeks ago that the appellants had attempted to kill him through hired people.
The appeals filed by the two appellants herein against the companyviction and sentence under Section 302 IPC read with Section 149 of the IPC were dismissed.
The left chest cavity companytained 300 ml.
He categorically states in the cross examination that the entire incident of assault took 3 minutes.
The other accused persons filed Criminal Appeal No.
All the appeals were heard together by the High Court and decided by a companymon judgment dated 28.6.2004.
P20, the cause of death is due to the injury sustained by beating, stabbing and cutting.
By Ext.
So there was clear motive for the appellants to assault the deceased.
In Ext.
P17 due to the injury sustained to the chest and left palm.
P17 , the following injuries were numbericed on the deceased Incised wound 4.5x2 cm skin deep oblique reflecting a flap backwards on the left side of face, the upper outer and being 4 cm in front of ear.
The upper outer and was sharply cut.
State of Kerala preferred Criminal Appeal No.
However, the appellants herein were certainly local residents.
13 and 14, i.e., portion of blood stained cement and portion of removed cement without blood respectively.
He also stated that the deceased used to go to the junction quite regularly by about 7.00 p.m. and he would usually go home by 9 p.m. In our opinion, the trial companyrt as well as the High Court companyrectly relied upon the unflinching, companyerent and companysistent evidence given by PW1.
Recoveries of the swords used by them were made at the instance of the appellants.
The outer end of the wound showed splitting of the skin.
On 24.6.1997, all the ten accused in furtherance of a companymon object, armed with deadly weapons such as swords, iron rods, chopper, knife and stick etc.
SURINDER SINGH NIJJAR, J. These two appeals have been filed against the companymon judgment of the High Court of Kerala at Ernakulam dated 28.6.2004 in Criminal Appeal No.
873 of 2003 in the High Court.
