SIVARAMAN ALIAS GOPI Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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Abdul Gafoor, J. -
(1.) These appeals are directed against the judgment and order dated 12th April 2002 of the Additional Sessions Judge-II, Mavelikara, in S.C.No.125/97. Crl.A.No.450/02 has been filed by accused No.1 and Crl.A.332/02 has been find by accused 2, 3, 5 and 6. The appellants were charged with the offences punishable under Sections 143, 147,148, 149, 323, 324, 307 and 302 of the Indian penal Code. After trial, the learned Additional Sessions Judge found the appellants guilty of the offences punishable under Sections 302, 324, 148 and 323 read with section 149 of the Indian penal Code. The appellant (1st accused) in Crl.A.450/02 was sentenced to undergo rigorous imprisonment for life under Section 302 read with Section 149 I.P.C., rigorous imprisonment for three years under Section 324 I.P.C., rigorous imprisonment for two years under Section 148 I.P.C. and six months under Section 323 I.P.C. Accused No.2 (1st appellant in Crl.A.332/02) was sentenced to undergo rigorous imprisonment for three years under Section 324 read with Section 149 I.P.C., two years under Section 148 and six months under Section 323 I.P.C. The other accused, viz, accused Nos. 3, 5 and 6 (appellants 2,3 and 4 in Crl.Ano.450/02) were sentenced to undergo rigorous imprisonment for two years each under Section 324 read with section 149 I.P.C., two years each under Section 148 I.P.C., and six months each under Section 323 I.P.C. The sentences are allowed to run concurrently. Accused No.4 was a minor at the time of the incident and his case has not been tried. It is being tried separately.
(2.) According to the prosecution case, the incident occurred at about 9.15 p.m. on 23-8-1995, when accused No.1 and P.W.1 were in the public road, which goes from Althramukku to Mattom Mahadeva Temple. They were in the opposite directions. The accused was going towards west to his house while P.W.1 was returning from his brother s house after taking his supper and going to his sister s house where he used to sleep at night. When both of them reached in front of Sathyalayam house, accused No.1 attacked P.W.1 giving him a blow in the rib portion of P.W.1 and accused No.1 attempted to stab P.W.1 with a knife. P.W.1 resisted and his right hand was injured. At that time he cried aloud. Then P.W.2, his sister, and deceased, her husband, came to the scene. It was at that point of time Al, in a loud voice called his sons, accused Nos. 2 and 4. On hearing this. A2 and A4 came there. A2 inflicted a cut injury on the deceased with a sword. Al stabbed him. A4 and A3 fisted and blowed. A5 and A6 had beaten the deceased. P.ws. 1 and 2 also sustained injuries in the altercations. P.Ws.1 and 2 and the deceased were taken to the Government Hospital, Mavelikra. P.Ws. 1 and 2 were admitted there. The doctor certified that the deceased had breathed his last. It was based on this prosecution case that the accused stood trial before the court below.
(3.) The evidence in this case consists of the oral testimony of P.Ws. 1 to 15 on the prosecution side and D.Ws. 1 to 4 on the defence side and the documentary evidence, Exts.P1 to P7 on the prosecution side the Exts. D1 to D3 on the defence side. M.Os. 1 to 3 were also identified.;
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