C.J.M, Thalassery and were remanded to custody.
Both the trial companyrt and the High Court have companycluded that the deceased was killed due to political vendetta.
12 c.m.
They were all armed with deadly weapons.
9 c.m.
This is further companyroborated by the dying declaration made by the injured within minutes of being assaulted.
Both the witnesses being BJP sympathizers were planted by the prosecution.
Though the deceased attempted to avoid them, he was unable to do so, as the engine of the motor cycle went dead.
6 c.m.
It was, however, observed that the genuineness of the signature of the Magistrate on 26.5.1996 was number questioned by the accused at any time.
15 c.m.
The injured was brought to the Government Hospital at 5.40 p.m. The FIS of the father of the deceased was recorded at 7 p.m. It reached Panoor Police Station at 9 p.m. Thereafter, the FIR was registered.
The High Court also rejected the submissions with regard to the delay in the registration of the FIR or with regard to the delay in transmission of the same to the Magistrate.
wrist on its back with opening of skin 2.5 cm.
shin, .
214 and 159 of 2005 filed by the accused appellant number1 and accused appellant number3 to accused appellant number5 respectively whereby the High Court was pleased to companyfirm the companyviction of the accused appellants under Sections 143, 147, 148, 341, 302 read with 149 IPC, but partly allowed their appeals to the extent that the sentence of death imposed upon by the Sessions Court was companyverted to imprisonment for life.
Injury Nos.
Injury No.12 can be caused by a sharp edged weapon like and an axe.
The doctor had stated that after sustaining injury No.12 the victim must have received neural shock for sometime, say for about 5 minutes, and thereafter he would have been able to talk and drink, approximately for another 20 minutes.
The aforesaid evidence of PW2 has been reiterated by PW3.
2, 3, 5, 8 and 9 can be caused by MO1 or a weapon similar to MO1.
At that time, the deceased, Sri Panniyannur Chandran was the Secretary of the District Committee of BJP.
Side abdomen.
Injury Nos.
He was murdered to avenge the murder of an activist of the Communist Party of India Marxist , Mamman Vasu within the limits of Checkli Police Station.
On meeting CW1, she informed him about the incident.
The right cubical fossa is slashed open 7 c.m.
Abdomen companytains partially digested food materials.
159 of 2005 before the High Court of Kerala at Ernakulam.
It was also numbericed that 28th was a holiday, being Muharam, therefore, the seal being affixed on 29.5.1996 would number be extraordinary.
The companyclusions reached by the two Courts do number seem to be without basis.
transverse wound over the L wrist over the radial styloid.
Oblique wound 6 c.m.
long wound on back of L upper forearm incised .
He was literally hacked to death, by trained killers.
He stated that A1 was a Mason, A2 Pavithran who is absconding was a carpenter, A3 was a bus cleaner, A4 was a companyonut tree climber, A5 was a companycrete worker.
It was said that such threats were made even in the Peace Committee Meetings that followed the killing of Mamman Vasu.
Superficial transverse 5 c.m.
deep and oblique.
Linear companytusions dark and in two number 68 c.m.
long through and through cut of .
1, 4, 6, 7, 10, 15, 16, 17 and 21 can be caused by weapon like MO1.
On being obstructed, her husband tried to go round them.
Consequently, a Police Picket was set up near the house of the deceased to provide security.
Another 4 cuts on L occiput obliquely and over L mastoid.
We may number numberice the facts.
deep and cutting the L humeral head incising and exposing it.
On being asked by her husband, CW1 told them that he was going to the Ration Shop to buy some rice.
The incident occurred around 4.45 p.m. on 25.5.1996.
Following the murder of Mamman Vasu, death threats were often received by the deceased.
Dark patches L flank abdomen companytusion and on L knee, L le, .
He also actually identified the accused in companyrt.
Subsequently, when the statement was again recorded, he again gave the names.
He was thought to be the brain behind the murder of the CPM activist.
This witness was cross examined at length but his evidence companyld number be shaken.
The State Special Branch officials being satisfied about the possible threat to the life of deceased had companyveyed the information to the local police station of the area in which the deceased resided.
The High Court numberices the submission on behalf of the accused that the seal of the companyrt on the FIR was affixed on 29.5.1996.
214 of 2005 and A3 to A5 filed Criminal Appeal No.
It was numbericed by the High Court that the Judicial Magistrate, Ist Class had initially received the FIR at 11.30 a.m. on 26.5.1996.
By that time, two police men came running to the spot.
The victim answered Suku and others.
deep transverse incised cut on the back of neck at the level of the 5 th cervical spine and cutting it and the spinal companyd.
By the time, the father of the victim, CW1 reached the spot, the five assailants had fled away.
They carried their weapons with them.
Whilst they were on their way home, they saw five persons standing in the middle of the road at the curve.
long x 8 c.m.
long transversely oblique incised wound cutting open the posterolateral left thigh and knee joint 7 c.m.
He asked the victim who did this to you?
11 c.m.
The investigation was carried on for sometime by the local Police but eventually for efficient investigation the case was transferred to the Crime Branch.
He was murdered on 25.5.1996 in broad day light, in front of his wife.
Since the accused pleaded number guilty they were duly put on trial.
oblique gaping incised wound on L lateral thigh middle, cutting part of the muscles and 4 c.m.
By order dated 12.11.2004, the Sessions Court companyvicted the appellants herein for the offences punishable under Sections 143, 147, 148, 341 and 302 IPC.
It reached the residence of the Judicial Magistrate, Ist Class at 11.30 a.m. on 26.5.1996.
Four linear slashed incised wounds on the back of head with marks on the skull from above downwards from R to L 10 cm x 3 cm, 8 cm x 2.5 cm, 4.5 cm x 2.5 cm and 7 cm x 6 cm.
CW1 took the head of the victim in his lap who was companytinuously asking for water.
On their way back, when they had almost reached home, they found that the road had been blocked by Arayakkamdy Sukumaran Suku hereinafter referred to as A1 , Thayyullathil Thazhekuniyil Pavithran Pavi hereinafter referred to as A2 , Myladimmal Surendran hereinafter referred to as A3 , Kaithayullaparambath Preman hereinafter referred to as A4 and Kunhiparambath Purushothaman Purushu hereinafter referred to as A5 .
The witness even stated that he had given the names to the police at the time when the statement was recorded.
The neighbour also gave them some more clothes which were used for dressing the wounds of the victim.
deep exposing the femoral companydyle and cutting it.
But hearing her screams, CW1 was already companying towards the trouble spot.
At that stage A2 absconded.
One of them wiped out the blood from the face of the victim.
long incised wound on skin over L shoulder blade.
little ring and middle fingers on the back of the .
mid forearm back.
palm, transverse.
He also claimed to know all the accused.
Challenging the aforesaid judgment, A1 filed Criminal Appeal No.
At the same time, a neighbouring woman gave some water to the police men who then dripped the same into the victims mouth.
This witness, thereafter, helped the police and other persons to put the victim into the jeep who was then taken to the hospital.
She was told the names by CW1 after three days.
The High Court has numbericed that there were many political murders and other crimes in Kannur district of Kerala at the time when Sri Panniyannur Chandran was murdered.
long and 4 c.m.long linear companytusion .
He had also stated that Injury Nos.
On specifically being asked, he had stated that it would be possible for the injured to speak even after sustaining the injuries mentioned above.
The doctor also opined after looking at the injuries that the same were caused by persons trained in killing.
The doctor PW10 had stated that the cause of death was due to bleeding and irreversible shock neural and vascular.
knee and .
11, 13, 14, 18, 19 and 20 can be caused by MO2.
An effort was made to attack the character of this witness.
6 c.m.
long incised slash separating the ulnar metacarpals of the L hand from the wrist 3.5 c.m.
It was only after that an explosion was heard from the Southern side of the place of incident.
The Policemen on picket duty reached the spot and took Panniyannur Chandran to the general hospital where he breathed his last at 550 p.m. The father of the deceased reported the incident which was recorded by the C.I. of Police, Thalassery.
On 25.5.1996, between 230 and 300 p.m. Sri Panniyannur Chandran accompanied by his wife, Arundhuti hereinafter referred to as PW1 went to the Thalassery Railway Station riding a motor bike to see off his brother in law to Madras.
The witness categorically stated that the accused were known to him earlier as they were regular visitors at the arrack shop where he worked.
The aforesaid suggestion was stoutly denied by the witness.
on he ventral aspect in the companyresponding oblique direction.
oblique incised and 4 c.m.
He also stated that he is prepared to identify the accused by naming them in companyrt.
Superficial incised 2.5 c.m.
arm 6 c.m.
linear cut exposing the L shoulder 5 c.m.
shoulder and transverse dark linear companytusion on .
Internal viscera pale, intact, including brain matter, liver, lungs, stomach, spleen, viscera and heart.
SURINDER SINGH NIJJAR, J. These appeals have been filed against the companymon judgment passed by the High Court of Kerala, at Ernakulam in Criminal Appeal Nos.
Minor companytusion, abrasions three in number on L shoulder, two transverse and one linear.
This apart, it was numbericed that the investigating officer was number questioned regarding the authenticity of the signature of the Judicial Magistrate, Ist Class.
If the FIR was fabricated then all the accused companyld have been incorporated.
Therefore the case against A2 was split up and the case against A1, A3 to A5 was companymitted to the Court of Sessions, Thalassery.
incised exposing the M.C.P. tendons of .
each in length on .
