JUDGMENT

J.B. Koshy, J. — This appeal is filed by the State against the acquittal of the accused, four in number, in S.C.No.505/1999 on the file of the Sessions Judge, Kasaragod. The accused were charge sheeted under S.302 read with S.34 IPC. The prosecution case was summed up by the Sessions Judge as follows:

“Two police constables attached to Hosdurg Police Station, PW1 and PW2, were on picket duty at Keloth on the night of 29-9-1996 in view of law and order problems arising from political skirmishes in that locality. At about 10.30 pm., being informed by three pedestrians passing through that someone was lying beside, at Chalingal Slope, with them PW-1 and PW-2 proceeded to the

spot and found a person lying in sanguinin bathe with injuries over the head and lower limbs. He was rushed to District Hospital in an autorickshaw by the two constables and the three pedestrians and on the way to the queries of PW-1, the victim revealed his identity as Rajan son of Krishnan and that he was assaulted at the spot by the accused after being brought there in the autorickshaw of the 4th accused. The victim when brought to District Hospital was directed to be taken for better treatment, by the