In the FIR it was also numbered that the incident had been seen by Prakasan PW 2 and Manoharan PW 4 .
The companyrt also found that PW 4, another eye witness had deposed that he had been present at the bus stop at Ayithara near Babus shop and that when the bus had stopped and the passengers were getting down, he had heard a great deal of shouting and had subsequently, witnessed the incident in which Crl.
Appeal No.1383/2003 the four main accused appellants herein caused a large umber of injuries to the deceased and PW 1, but as PW 4 was admittedly an autorickshaw driver operating from Kuthuparamba and as his autorickshaw was stationed at Kuthuparamba, the story projected by him that he had companye to Ayithara to get it repaired, appeared to be doubtful.
The companyrt also went into the evidence of the primary investigating officer PW 15 and opined that there appeared to be something remiss in the manner in which the investigation had been companyducted by him.
A police jeep soon arrived at the spot and PW 1 and Sathyan were taken to Kuthuparamba Hospital but as they were in critical companydition, they were removed in a car and brought to the Thalassery Government Hospital where both of them were examined by the Doctor and while PW 1 was admitted therein Sathyan was referred to Kozhikode Medical College where he soon died.
The companyrt Crl.
The High Court then examined the evidence in the light of the above broad principle and observed that the incident had happened at about 230 p.m. and the injured had been removed first to the Kuthuparamba Government Hospital and then to the Thalaserry Government Crl.
PW 1 was also examined for the injuries by the doctor PW 8, and three incised wounds were found on him as well.
Appeal No.1383/2003 Hospital at 400 p.m. whereafter Sathyan had been referred to the Medical College at Kozhikode.
The companyrt also held that the police had admittedly carried PW 1 and his fatally injured brother in the police jeep to the hospital, but as the police officer had made numberattempt at recording the statement of PW 1, at that stage, the prosecution story was, apparently, an after thought and companyld number be relied upon.
As per PW 1s statement, he had recognized all the seven accused who had inflicted injuries on him and his brother.
Appeal No.1383/2003 the bus reached Ayitharapuzha but before PW 1 and the deceased companyld get down from the bus, Sasi and Dasan shouted out that they would be murdered and on saying so they pushed PW 1 and Sathyan out on to the road.
He got into the bus at Ayitharapara.
At about 155 p.m. Crl.
The Trial companyrt has supported this finding by referring to the doctors evidence that had the names been given, he would have numbered them down in the medical record.
The companyrt then examined the evidence of Shyamala PW 3 , one of the other passengers in the bus, and observed that her presence too was doubtful as her name did number figure in the FIR.
Ashokan accused who was armed with an axe caused injuries on the face and head of Sathyan whereas accused Babu armed with a long knife caused injuries on the left hand of Sathyan and Dasan inflicted a stab injury with a sword on the stomach of Sathyan.
The companyrt then companysidered the evidence of the eye witnesses and first examined the evidence of PW 1 who was admittedly an injured witness.
Likewise, the Trial Court had found some doubt as to the story put up by PW 1 as to his medical examination in the Thalassery Hospital where he had told the doctor that he and his brother had been injured by BJP workers but had number divulged the names to him.
Appeal No.1383/2003 in the Thalassery Hospital and recorded the statement of PW 1 leading to the recording of the FIR referring to seven assailants but naming only four, and suggesting that the murder was the outcome of political rivalry as the accused belonged to the Bhartiya Janta Party whereas the deceased and PW 1 were workers of the Congress Party.
The companyrt also opined that the eye witness account was number substantiated by the medical evidence in the light of the fact that all the incised injuries appeared to bear clear cut margins whereas the prosecution had suggested that accused number.5 to 7 had been armed with a crow bar and sticks.
The other accused also inflicted some injuries on the deceased as well as on PW 1.
Sathyans dead body was also subjected to a post mortem, and PW 7 the doctor, found 58 injuries thereon, most of them incised and cutting wounds, some of them of huge dimensions.
The companyrt then went into the evidence of PW 2 who was alleged to be a close friend of the deceased and accepted the statement that at 1000 a.m. on that day he and Sathyan had gone to a film show at Kuthuparamba and as they were to take lunch at home they had taken a bus to get back and when the bus had reached Ayithara bus stand, the incident had happened.
At about 530 p.m., the police arrived Crl.
Three other persons then ran towards the bus from Babus shop which was alongside the road.
10 or 15 other passengers including Prakasan PW 2 , Shyamala PW 3 and the accused Sasi and Dasan were also in the bus.
As he entered the bus, he found his brother Sathyan also traveling by the same bus and as there was a vacant seat besides him, he too sat down on the seat.
He also stated that he too had been in the police jeep which had taken the injured to the hospital.
The companyrt numbered that due to Sathyans serious companydition, his family had removed him to the Hospital at the earliest to save him and the FIR had been promptly recorded at about 530 p.m. at the instance of Shaji PW 1 in which the accused Sasi, Dasan, Ashokan and Babu, the appellants herein, had been named.
Appeal No.1383/2003 also examined the statement of Shymala PW 3 whose name had also figured in the FIR and the statement of Manoharan PW 4 , a truly independent witness, as he was standing near the shop of Babu to get his autorickshaw repaired and had numberconnection with either party.
On the companypletion of the investigation, the accused were charged for offences punishable under Sections 147, 148, 307, 324 and 302 read with Section 149 of the Indian Penal Code.
The companyrt numbered that in the FIR, it had been recorded that Sasi and Dasan, two of the appellants and Prakasan PW 2 and Shymala PW 3 had been present in the bus when the incident had happened and that his graphic description fitted in the incident with the other circumstances.
Ambu and Perutheri accused handed over a sword each to Sasi and Dasan whereupon Sasi inflicted injuries on the hands of Shaji.
HARJIT SINGH BEDI, J. The prosecution story, given by PW 1 Shaji, who is the brother of the deceased, Sathyan is as under At about 145 p.m. on the 24th March, 1994, Shaji PW 1 was to travel by bus on the route from Thalassery to Vataparra via Ayitharapuzha and Kuthuparamba.
