The investigation of the crime is, thereafter, done by P.W. 14, the Circle Inspector of Police of the same station.
P.W. 1, P.W.2 and others, who had gathered there placed the body of the deceased Divakaran in a companypound adjacent to the house of P.W. 2 till police, who were to be informed of the death, companyld reach the place.
After companypletion of recording of the said evidence of P.W. 1 and P.W.2 and other witnesses on various aspects of the case and of placing of all the material by the prosecution in support of its case and after marking of documents for the defence, all the accused are examined by the Sessions Court under Section 313 Cr.
By 7.30 A.M. on July 19, 1981, the next day, the Sub Inspector of Police at Adoor Police Station, who received the information of the incident from P.W. 1, recorded the First Information Statement and registered the crime.
The present appeals are filed by Accused 3 and Accused 4, individually and separately, on special leave.
The case of the prosecution was this That at about 11 P.M. on the moon light night of July 18, 1981 Accused 1 to 4 along with three others, armed with deadly weapons, formed themselves into an unlawful assembly with the companymon object of murdering one Divakaran.
P.C. and their statements are recorded.
They along with Accused 1 and Accused 2, after trial, were companyvicted for offences under Sections 302 and 324 I.P.C. read with Section 34 thereof and each of them was sentenced to undergo imprisonment for life by Judgment dated February 12, 1982 of the Sessions Court.
All the accused preferred a companymon appeal from that judgment before the High Court of Kerala, which by its judgment dated April 6, 1984 dismissed that appeal by affirming the judgment of the Sessions Court.
248 of 1986 were respectively Accused 3 and Accused 4 in Session Case No.
They, by pelting stones on the house of Divakaran made him to companye out of his house, attacked him, stabbed him with daggers and beat him with sticks.
in the trial, while 14 witnesses were examined, 16 exhibits were marked and 7 M.Os.
Nalini, the second wife of P.W.I, who was in her house in the neighbourhood, on hearing the cries, is said to have run upto her husband standing near the house of Divakaran, and cried put aloud.
He is examined as the main witness to support the case of the prosecution inasmuch as it is he who had given to the Police the first information relating to the occurrence of the incident.
According, to his evidence, at about 11 P.M. on the fateful night, he having had his dinner in the house of his second wife Nalini, when was in the vicinity of the house of the deceased Divakaran on his way to the house of his first wife Bhargavi, found A 2 A 3 and A 4 pelting stones on the house of Divakaran and heard cries of Divakarans wife, Karthyayani and her children from that house.
57 of 1988 and Murali, the appellant in Criminal Appeal No.
were produced in support of the prosecution case, 8 exhibits were marked in support of the defence of the accused.
This evidence given by P.W. 1 is companyroborated in all material particulars by another eye witness to the occurrence of the incident, namely, Ponnamma, P.W. 2.
The injuries so inflicted on him by A 1 to A 4 made him fall on the ground and succumb to those injuries in a short time thereafter while his brother in law Sivaprasad, P.W.1 and his sister Ponnamma, P.W.2 and others who had gathered there were attempting to remove him to a nearby hospital for treatment by securing a motor car.
Venkatachala, J. Pushparajan, the appellant in Criminal Appeal No.
P.W.I, who is the husband of Nalini, the sister of the deceased Divakaran, gave evidence as an eye witness to the occurrence of the incident.
He, on companypletion of the investigation, laid the charge sheet against Accused 1 to 7 for the crime, before the Judicial First Class Magistrate, Adoor, who companymitted the case to the Sessions Court, Quilon for trial.
