Dated this the 25th day of June, 2025
Accused Nos.1 and 2 in SC No.75/2011 on the files
of the Additional Sessions Court-IV, Kottayam, has filed this
criminal appeal challenging conviction and sentence imposed
against him in the above case dated 07.05.2014. The
respondent herein is the State of Kerala, represented by the
learned Public Prosecutor.
2. Heard the learned counsel for the
appellants/accused Nos.1 and 2 and the learned Public
Prosecutor in detail. Perused the trial court records and the
evidence in detail.
3. In this matter, the police filed final report
alleging commission of offences punishable under Sections
143, 147, 148, 324, 325, 323, 308 and 201 r/w Section 149 of
2025:KER:46097
CRL.A NO. 434 OF 2014
the Indian Penal Code (hereinafter referred to as ‘IPC’ for
short) by the accused. The allegation of the prosecution is
that on 05.07.2009 at about 1 pm, all the accused formed
themselves into an unlawful assembly, and in furtherance of
their common object to attack PW2, came in a car owned by
the 1st accused near the shop of PW3 and A2 hit on the head
of PW2 with an iron rod and again inflicted injury on the back
side of head. A4 hit on the lower part of right knee and A1
and A3 stabbed PW2 when he fell down. A3 and A4 beat
CW2 with an iron rod on his left leg, thereby causing fracture
to the leg. It is alleged that the 1 st accused had some
difference of opinion with PW2 at Kuttikkadu temple and due
to this enmity, the accused attacked PW2. Thus the
prosecution allegation is that the accused persons attacked
PW2 with knowledge that their overt acts are sufficient to
cause death of PW2.