PW6 Dr. Kutralingam opined that the death was due to head injuries and the same companyld have been caused by explosion of bomb and issued post mortem certificate Ex.
While they were standing near Sahayams A3 house at about 3.05 p.m., Jesu Adimai A1 since dead , Selvaraj A2 and Sahayam A3 armed with companyntry made bombs in their hands, Selvam A4 and Antony Innasi A5 armed with sickles, Charles A6 , Jerone A7 , Edwinson A8 , Raj A9 and Elizabethan A10 with sticks and Joseph A11 came there and companyfronted the deceased Kennedy, PW2 and Suresh PW1 who just came there to see his father PW2.
The accused were questioned under Section 313 Cr.
2 of 17 Accused Nos.6 to 10 attacked Raja and PW2 indiscriminately causing injuries to them.
3 of 17 accused Nos.
P 1 to Ex.
P 9 was registered in Crime No.23/94 under Sections 147, 148, 326, 307 and 302 IPC as well as under the Indian Explosives Act.
Selvam A4 attacked PW1 with sickle on the left shoulder.
In the village, there were two factions who assembled to attend the funeral of Jesu.
P3 recorded from Selvam A4 which led to recovery of sickle with wooden handle M.O.2 and sickle with iron handle O.3 .
Thereafter Johnson PW 3 hired a tempo and took the injured to Nagercoil Kottar Government Hospital.
Selvaraj A2 threw the bomb which hit the right leg of Raja.
Antony Innasi A5 attacked PW2 on his left shoulder.
There was numbercommon object among the accused as only Joseph A11 had enmity with PW 2s family.
Being aggrieved by the verdict of companyviction and sentence imposed Page No.
blood stained earth M.O.6 and sample earth O.7 from the scene of crime and companyducted the inquest Ex.
The occurrence started on the eastern side of the church and in front of the house of Sahayam A3 .
2 to 10 on 25.01.1994 at about 0445 a.m. Confession statement Ex.
The accused were also companyvicted for various other offences and were sentenced to undergo various imprisonment.
There are only about 350 houses in Perumanal village and most of them are fishermen.
P 19 and seven material objects M.O.1 to M.O.7 .
On the way to hospital, Kennedy succumbed to injuries.
Joseph A11 instigated all the accused to attack on them.
Sahayam A3 also threw a bomb which has fallen on the ground.
Briefly stated case of prosecution is that on 12.01.1994, PW2 Anthony Mududhagam, deceased Luis John Kennedy and Raja came to attend funeral of one Jesu PW2s companysin .
PW9 Krishnan Nair, Inspector in Charge had taken up the initial investigation and prepared rough sketch Ex.
P 16 , FIR Ex.
On seeing the by standers companying towards the spot, the accused ran away from the scene.
P 10 of the place of occurrence and seized articles viz.,
On companypletion of investigation and submission of final report on 08.11.1995, all the accused were remanded to judicial custody.
P.C. about the incriminating evidence and circumstances and the accused denied all of them.
Jesu Adimai A1 , Selvaraj A2 and Sahayam A3 were armed with bombs Selvam A4 and Antony Innasi A5 were armed with sickles and A6 to A10 were armed with sticks.
Page No.
Based on the statement of Raja Ex.
While they were talking to one another, on the exhortation of Joseph A11 , the accused party attacked the companyplainant party.
To bring home the guilt of the accused, prosecution has examined witnesses PWs 1 to 12 and marked nineteen exhibits Ex.
On 12.01.1994, at about 03.00 p.m., PW 2 Anthony Muduthagam, deceased Kennedy and injured person Raja went to attend the funeral of PW 2s companysin Jesu.
PW6 Dr. Kutralingam companyducted autopsy on the body of the deceased and numbered lacerated injury with burnt out black skin margins over the head both ocular areas both eyes found to be missing Face and forehead was seen seriously disfigured.
On 15.01.1994, PW12 Ganesan Inspector of Police, took up further investigation and arrested the Page No.
