KUNHIMODEENKUTTY Vs. STATE OF KERALA
SUPREME COURT OF INDIA (FROM: KERALA)
STATE OF KERALA
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K. G. Balakrishnan, J. -
(1.)The Court of Sessions, Manjeri Division in Kerala tried 12 accused persons for the offences punishable under Ss. 143, 147, 148, 341, 324, 307, 302 read with S. 149, I.P.C. The Sessions Judge convicted the first accused for the offence under S. 307, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of 7 years. A 5 and A-6 were found guilty of offences punishable under S. 324, I.P.C. and they were sentenced to undergo imprisonment for a period of one year each. These accused persons filed an appeal before the High Court and the State also went in appeal against the acquittal of other accused persons. The Division Bench of the Kerala High Court confirmed the conviction and sentence entered against A-1, A-5 and A-6 and the appeal preferred by the State against the acquittal was partly allowed and the Division Bench found A-7, A-8 and A-11 guilty of the offence under S.302 read with S. 34. These three accused were sentenced to undergo imprisonment for life. The Division Bench also found A-2 guilty of the offence under S. 324 and sentenced him to undergo imprisonment for a period of one year. Criminal Appeal No. 866/1994 is an appeal preferred by A-7, A-8 and A-11 who have been convicted by the High Court for the offence under S. 302 read with S. 34. Criminal Appeals Nos. 908-909/1994 are the appeals preferred by A-1, A-2, A-5 and A-6.
(2.)The incident happened at about 8.30 p.m. on 18-12-1994 at a place called Athavanand in Tirur Taluk. During 1984 Lok Sabha elections, deceased Gopalakrishnan and witnesses P.W. 1, P.W. 2 and P.W. 3 and others organised a meeting of a political party in the evening of 18-12-1984. After the meeting was over at about 8.00 p.m., deceased Gopalakrishnan and P.W. 1, P.W. 2 and P.W. 3 went to the house of one K. V. Chandran and entrusted the mike set which was used for the meeting. From there, P.W. 1, P.W. 2 and P.W. 3 and deceased-Gopalakrishnan were coming back and when they reached the main road, the accused persons came from the northern side. Some of them were armed with dagger, iron rods and other weapons. Two accused persons were carrying gas lights. According to the prosecution, the group of accused persons mounted an attack on deceased-Gopalakrishnan and P.W. 1 to P.W. 3 deceased-Gopalakrishnan got injuries by some of the accused. P.W. 3 Narayanan was stabbed by the first accused. He ran southwards and reached a neighbouring house. From there, he was taken to Tirur Government hospital in a jeep. Deceased-Gopalakrishnan was attacked by A-11 Thuluvadath Hussan by a dagger on his shoulder. A 8 Allavikutty attacked Gopalakrishnan with a dagger and caused injuries on his right shoulder and stomach. A-7 stabbed him on his belly. P.W. 1 was attacked by A-6 with an iron road. P.W. 1 and P.W. 2 escaped to a neighbouring house and as they were afraid, they remained in the house and in the early hours, they were taken to Government hospital, Tirur. Deceased-Gopalakrishnan who sustained injuries in the incident ran from the place and his dead body was found about 500 meters away from the place of incident.
(3.)On receipt of intimation from the hospital, a Head Constable from Tirur Police Station recorded the F1 statement of P.W. 1. As the incident had taken place within the jurisdiction of Kattipparuthy Police Station, the FIR was transferred to that station and the Circle Inspector of Police started the investigation. Inquest was prepared and the dead body of deceased-Gopalakrishnan was subjected to post-mortem examination. At the place of occurrence, a motor car was found. The accused were arrested and some of the weapons allegedly used in the commission of the crime were recovered.
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