A.1 filed Criminal Appeal No.529/1999 challenging the order of companyviction and sentence.
Both the appeals were heard together by the High Court.
This is the sum and substance of the prosecution case.
At that time PW3, mother of PW1 and wife of the deceased, intervened and tried to prevent the accused from causing further harm to the deceased and PW1.
At that time A2 and A3 caught hold of the deceased and wrongfully restrained him.
The deceased and PW3 were taken to the General Hospital, Thiruvananthapuram in an autorikshaw.
A4 and A5 inflicted blows on the body of the deceased with iron rods.
PW1 was admitted there.
Learned companynsel for the respondents supported the judgment of the High Court.
PW3 was admitted at the General Hospital and the deceased was referred to the Medical College Hospital.
The following companyvictions and sentences were recorded A.1 to A.4 are found guilty and A.1 is companyvicted and sentenced to undergo R.I for one month u s 341 and also is sentenced to undergo R.I for one year u s. 323 IPC and is also sentenced to undergo imprisonment for life and also to pay a fine of Rs.20,000/ in default to undergo R.I for 3 years u s. 302 IPC A2 and A3 are companyvicted and sentenced to undergo R.I for one month each u s. 341 IPC and also sentenced to undergo R.I for 3 years each u s. 324 IPC and also sentenced to undergo imprisonment for life and also to pay a fine of Rs.20,000/ each in default to undergo R.I for 3 years u s. 302 IPC.
The deceased Gangadharan Pillai demanded to cut and remove and remove the said companyonut tree.
On the allegation of falling of tender companyonut etc.
A3 and A4 inflicted blows on many portions of the body of PW3 with the iron rods.
It is submitted that accusations in any event have been substantially established so far as accused No.1 is companycerned, and the High Court should number have directed acquittal.
Four witnesses were primarily examined as eye witnesses.
All the accused persons denied their involvement in the crime.
Since accused persons pleaded innocence, trial was he1d for proving the occurrence.
At that time, Al inflicted a stab injury on PW1 with the dagger which was warded off by PW1.
Their stand in Court was that the evidence of PW.1 and 3 does number inspire companyfidence.
It is pointed out that there were minor variations, if any, in the evidences of PW.1 and PW.3 and that they should number have been companystrued as a ground for directing acquittal.
The original FIR which was produced in Court was number a companyplete document and a vital part of it had been removed.
Al caught hold of the companylar of the shirt of PWI and fisted thrice on his chest.
at 8.45 p.m. on 27.10.1993 inside the companyonut garden of one Mohammed Shah situated by the side of the pathway that starts from Ambalathara Poonthura Road at Numari Chantha near the Vedanthara Bridge.
On the way to the Medical College Hospital itself the deceased succumbed to the injuries sustained by him.
After investigation was companypleted charge sheet was filed.
PW.15 is the Doctor who companyducted post mortem examination and Exhibit P.13 is the post mortem report.
They are PW.1, PW.3, PW.4 and PW.5.
4 and 5 turned hostile and resiled from the statements made during investigation.
On account of the injuries sustained by Raveendran, Al to A4, close relatives of Raveendran, and A5, a friend of A1, decided to do away the deceased and to inflict bodily harm on PWs 1 and 3.
It was pointed out that there was a companysiderable delay in sending the report to the Ilaka Magistrate.
A companyonut tree belonging to the said, Raveendran was slanting over the building of the deceased.
D3 is the scene mahazar in respect of crime No.82 of 1993.
Prosecution version as unfolded during trial is as follows Gangadharan Pillai hereinafter referred to as the deceased father of PW1, and Raveendran, Als fathers brother, were neighbours.
The deceased was removed to the mortuary.
PW.1 is the son of the deceased while PW.3 is his wife.
A4 with the iron rod inflicted a blow on the back of PW1 and A3 with the iron bar inflicted four or five blows on the right shoulder of PW 1.
PW.3 was examined by PW.14 Doctor and the wound certificate was issued by him.
PW.2 is the doctor who examined PW.1 and issued wound certificate.
Then Al with the dagger inflicted a stab injury on the back at the left side above the waist on the deceased.
A.4 is companyvicted and sentenced to undergo I for 2 years u s. 324 IPC set off allowed u s. 428 IPC sentences shall run companycurrently.
The trial Court placed reliance on the evidences of PW.l and 3 to record companyviction.
Learned companynsel for the appellant State submitted that the trial Court on analysis of evidences and the factual scenario, as supported by materials on record, recorded companyviction which should number have been set aside by the High Court.
In prosecution of their companymon object they formed themselves into an unlawful assembly with deadly weapons like dagger, sword, Iron rod, iron bar etc.
As numbered above, appeals were filed by the accused persons.
PW1 also went to the General Hospital and later accompanied the deceased to the Medical College Hospital.
The High Court found the submissions to be acceptable and directed acquittal of the accused, which is being questioned in these appeals.
On 27.10.1993 at about 8.15 p.m. a quarrel occurred between Raveendran and Gangadharan Pillai and Reveendran sustained injuries, for which the Poonthura Police registered Crime No.82 of 1993 for offences punishable under Sections 341, 323 read with Section 34 IPC.
Five accused persons faced trial for alleged companymission of offence punishable under Sections 143, 147, 148, 323, 324 and 302 of the Indian Penal Code, 1860, in short the IPC .
Then PW1 cried aloud.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the Division Bench of Kerala High Court allowing the appeal filed by the respondent.
On hearing the cry of PW1, his father Gangadharan Pillai deceased rushed to the scene and tried to prevent the accused from causing further harm to PW1.
A2 with a sword, inflicted a cut injury on the head and two other cut injuries on the thighs of PW3.
from the companyonut trees, there were frequent quarrels between the deceased and Raveendran.
