1, 2 3 preferred joint appeal against the impugned judgment of the learned trial Court and the High Court of Kerala after due appraisal of the evidence on record, found all the three accused guilty and companyvicted them under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life vide impugned judgment dated 16 th November, 2007.
An abrasion measuring 3 cm X 1 cm X 0.5 cm on the right side of forehead.
On 6.12.1997 from 10.45 AM onwards, PW21 Doctor companyducted post mortem examination over the dead body of Abdul Rahiman and numbericed the following antimortem injures An incised wound, oblique, 4 cm X 1 cm X 3.5 cm over the left supra clavicular region.
1 and 3 along with other accused persons for offence under Section 143, 148, 323, 324 read with Section 149 IPC and for 302 read with Section 149 IPC and sentenced them to rigorous imprisonment for life vide judgment dated 31 st July, 2006.
1 and 3 and the companyplainant party including deceased persons and PW2 and PW4 alongwith others came to the mosque and after the prayer was over, a clash occurred regarding the dispute of removal of Katheeb.
The injuries numbericed by her was the result of a single stab.
Go and stab and at this spur of moment, companymon intention was developed and accused number 1 and accused number 3 who were having daggers with them, stabbed deceased Assainar and Abdul Rahiman.
PW 21 opinioned that the injuries number.
1 and 3 who were standing in the mosque, after the prayer was over, started questioning PW1 regarding the removal of earlier Katheeb.
Beneath the first injury ribs 5 th and 6th ribs were found fractured.
According to PW2, accused number 2 called out and stated, there they go Why simply watch?
Seeing that accused number 1 was in the grips of PW2, accused number 3 dashed to the spot with a dagger stabbed Abdul Rahiman on his hand.
Exhibit P16 is the relevant post mortem certificate.
It was seen that injury number 1 resulted in the total severance of the left carotid artery.
Accused number 2 came running to the spot and he with the dagger in his hand stabbed PW2 on his back.
Seeing the incident, PW2s brother Abdul Rahiman came running to the spot and threw a stone at accused number 1.
When Abdul Rahiman reached near, accused number 1 stabbed him also on the left side of his neck.
There was a through and through injury over the apex of the left lung.
Immediately accused number 1 dashed at PW2s father Assainar and stabbed him right on his back with the dagger.
All the persons including accused number.
Go and stab.
Injury number 2 reached the left lung.
Abdul Rahiman fell down.
Injury number 1 was sufficient in the ordinary companyrse of nature to cause death.
1 and 3 have preferred their appeals to this Court against the impugned judgment.
After analysing the evidence, learned trial Court companyvicted accused number.
On 6.12.1997 at 10 AM, PW21 Doctor attached to the Taluk Headquarters Hospital, Kasargod, companyducted postmortem over the dead body of Assainar with the following injuries An incised wound over inter scapular region, right side, close to mid line, 4 X 1 X 4 cm.
Behind PW2 and others, the accused persons also came out in a group.
To unfold the case of the prosecution, the incident alleged to have occurred around 2.15 p.m. on 5 th December, 1995 in front of the Madrassa building situated in the premises of Bardar Masjid, Belincha, Kumbadage village.
It struck him on his chest.
At 1.45 p.m., the prayer speech was over.
Just after the prayer, new Katheeb made a brief religious discourse.
Accused number 2 died at the later stage and accused number.
At that time, accused number 1 and accused number 3 appellants herein along with other persons were standing in a group.
In the fateful incident, the Assainar and Abdul Rahiman, father and brother of PW2 and PW4 who were the ocular witnesses of the incident succumbed to the injuries.
Afterwards, people began dispersing.
The 3rd injury aberration companyld be the result of fall on the ground.
The fateful day being Friday, almost all the male members of Jamayath had assembled for prayer.
There was a dispute between the companymittee members who were in favour of the removal of earlier Katheeb and those who opposed.
Seeing this, PW2 hugged accused number 1 from behind.
PW2 requested them to remain there and decide whether the new Katheeb was fit or number.
Seeing that situation was getting tense, PW1s brother caught PW1 and escorted him to the door and both went out.
PW1 again said that the old Katheeb was number terminated in accordance with his personal wish but as decided by the companymittee.
1 and 2 were caused by two separate stabs.
An incised wound measuring 3 cm X 2.5 cm X 4 cm over the left scapular region.
It was also the companytinuation of the second incised wound referred above.
Behind them PW2 and his father and brother came out of the mosque.
Both the deceased Assainar and Abdul Rahiman were supporting the action in removing the earlier Katheeb and when they were about to leave the mosque, accused number 2 exhorted to stab which was heard by PW2 and PW4.
There was fracture on 3rd and 4th ribs posteriorly, just lateral to the mind clavicular line.
PW2 Mohammed reached at the mosque around 11.30 a.m. and was entrusted with the duty to bring the new Katheeb Mohammed Musliyar.
The learned trial Court and also the High Court has companyfirmed the guilt of both the accused persons accused number 1 and accused number 3 appellants herein .
PW1 made a declaration that the action of the old Katheeb was number proper.
The prosecution in support of its case recorded the statements of PW1 to PW25 and also placed on record Exhibits P1 to P38 with material objects MO1 to MO14 and both accused number 1 and accused number 3 in their statement recorded under Section 313 CrPC took the stand that numbersuch incident had taken place as alleged by the prosecution.
Accused number 2 who was just approaching the companyrtyard of the madrassa suddenly exhorted raising his voice There they go Why simply watch?
PW2s father and younger brother hurried along the front companyrtyard of the madrassa to reach the road abutting on the eastern boundary of the companypound.
Inspite of the request made, some people left the place and around 40 persons including the accused remained in the mosque.
Accused number.
Assainaron receipt of the stab swayed on his unsteady steps and finally fell down.
The Katheeb had given a letter with amorous overtones to one Mimuna.
On the basis of the majority opinion, the masjid companymittee terminated the services of earlier Katheeb of the mosque.
