Out of them, four had been injured witnesses.
While hearing the hue and cry, Kuttappan deceased father of Sobhanan PW.2 and Babu PW.1 reached there.
Lacerated injury on the right thigh.
on back of left hand, just above root of middle finger.
Sobhanan PW.2 son of the deceased was examined by Dr. P.R. Anil Kumar PW.21 and following injuries were found on his person A cut injury in the right elbow.
1675 of 2003 stood dismissed, while Criminal Appeal No.
In this process, a large number of articles of the use of Sophia Bhawan got destroyed.
An FIR in respect of the incident was lodged and thus, investigation companymenced.
When Babu PW.1 and Parvathy PW.4 made an attempt to intervene, they were also attacked by the appellants and injured.
Hence, this appeal.
Contused abrasion 2x1cm on front of right knee.
All the accused except Shaji A.18 broke open the door and inflicted injuries on Sobhanan PW.2 with their respective weapons and he was dragged to the western companyrtyard and again beaten.
1955 of 2003 was partly allowed.
Kuttappan succumbed to the injuries caused by the accused at the spot and the accused persons ran away from the spot.
Sobhanan PW.2 entered the said house and succeeded in closing the door from inside.
However, their companyviction and sentence for other offences have been companyfirmed.
oblique on outer aspect of left hip.
8th and 9th ribs underneath showed fracture at their outer angles.
on left side of back of trunk.
Punctured wound in the right thigh and right leg.
Multiple small companytused abrasions over an area 10 x 8 cm.
Facts and circumstance giving rise to this appeal are that Babu PW.1 Sobhanan PW.2 and Parvathy PW.4 all relatives were having inimical terms with the appellants.
The wound was directed forwards.
The prosecution to prove its case examined a large number of witnesses including five eye witnesses.
Incised wound 1.5 x O.3xO.5 cm.
on top of left shoulder.
In the opinion of Dr. Girish PW.18 , the injuries were caused with the weapons recovered from the appellants and Kuttappan died of head injury i.e. injury number 1.
The wound was directed downwards.
outer to midline and 5 cm.
Incised punctured wound 3.5 x 1 x 7.5 cm.
Abrasions left and right shoulder.
Incised punctured wound 2x0.5 cm.
However, before Sobhanan PW.2 companyld enter Sophia Bhawan, Sudhakaran A.1 inflicted cut injury on his hand.
The recovery of the weapons was made at the instance of the accused and after companypleting the formalities, 18 accused were put on trial.
Above knee.
on left side of chest 8 cm.
The wound was directed downwards.
Multiple small companytused abrasions over an area 20x16 cm.
In order to take revenge, the appellants formed an unlawful assembly for the purpose of companymitting murder of Sobhanan PW.2 .
Lacerated injury in the left ear.
oblique on back of left forearm 15 cm.
on back of left arm, just above elbow.
On back of right leg 3cm.
Upper back end was blunt and other end sharply cut.
oblique on outer aspect of left leg 2 cm.
Contused abrasion 5.5x1cm.
below Knee.
Below Knee.
Upper back end showed splitting of tissues and other end sharply cut.
on the front of left forearm just below elbow.
They waited in the house of Sudhakaran A.1 on 12.4.2000, which was the last day of Mahotsavam companyducted in the Shanmughaviiasam temple at Kulasekharamangalam, at about 10.00 p.m. Sobhanan PW.2 came alongwith his 8 years old son along the pathway on the eastern side of the house of Sudhakaran A.1 from the temple.
The accused chased him and on seeing this, Sobhanan PW.2 ran from the place leaving his son there towards the house of Sobhana PW.3 i.e. Sophia Bhawan.
oblique on back of left wrist.
on front of left leg, just below Knee.
Incised wound 4 x 1 x 0.5 cm.
Contused abrasion 1x0.5 cm.
oblique on outer aspect of left Knee.
on the back of scalp left side bleeding.
on the left thigh posterior aspect.
Inner upper blunt end being 4 cm.
Lacerated wound frontal to occipital areas of the scalp approximately 20 cm length.
x 3 x 1 c.m.
as it was sufficient to cause death.
Incised wound 3x1xO.5 cm.
Multiple small abrasions over an area 13x4 cm.
The upper inner end was blunt and other end sharp.
on the tip of penis.
Abrasion 5x3 cm.
Lacerated injury 6 x 2 x 1.5 c.m.
Several criminal cases were pending between them.
on the front of left thigh and Knee.
Abrasion 5 x 3 cm.
below elbow.
Cut injury on the right thigh and right leg.
The appellants rushed towards Kuttappan deceased shouting Kill them and thereafter, Sudhakaran A.1 inflicted a cut injury on the head of the deceased with a sword stick in his hand and other accused inflicted injuries on him with their respective weapons, namely, choppers, knives and iron rods.
Babu PW.1 was examined by Dr. C.P. Venugopal PW.20 and following injuries were found on his person Cut injury 10 c.m.
below tip of shoulder blade.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order dated 7.4.2005 passed by the High Court of Kerala at Ernakulam in Criminal Appeal Nos.
58 of 2001 i.e. Criminal Appeal No.
1675 and 1955 of 2003 by which the High Court, while affirming the findings of fact, modified the judgment and order of the trial companyrt dated 29.8.2003 in Sessions Case No.
Lacerated injury on the left forearm, right palm and right forearm and right elbow.
