The court found the first respondent guilty of the offence punishable under Section 302 of the Indian Penal Code and respondents 2 and 3 guilty under Section 323 of the Indian Penal Code based on the evidence presented.

Sasidharan, J.

This appeal arises out of the order of acquittal made by the second additional Sessions Judge, Kollam in S.C.411 of 1998 in which the allegation was that the appellants committed the offences under Sections 302, 323 and 201 read with Section 34 I.P.C. The accusation is that the appellants were having enemity towards Abdul Rasheed for having caused hurt to them at 1.30 p.m on 8.12.1997 and out of that enemity they were having the common intention to cause the death of Abdul Rasheed and to cause hurt to P.W.1 and in prosecution of the above common object at 8.30 p.m. on 18.12.1997 assaulted Abdul Rasheed and P.W.1 at a place on the southern side of Chettithadam culvert. The place of occurrence is a way which leads from Chandanathope to Kurunappan temple. The allegation is that the first respondent saw the first accused stabbing Abdul Rasheed with a knife on the left side of his chest and below the left armpit inflicting injuries on him. The overt acts alleged against respondents 2 and 3 who are accused 2 and 3 respectively is that they caused hurt to P.W.1 by beating him with hand. From the place of occurrence Abdul Rasheed was taken to the District Hospital, Kollam and he died on the way.

2. Prosecution has a case that at 1.30 p.m. on 18.12.1997 there was an incident in which the respondents were assaulted by Abdul Rasheed and his associates. It is stated that one Noushad who is the cousin of Abdul Rasheed was riding a bicycle and then the second accused crossed the road in front of the bicycle. Then the second respondent abused Noushad on getting down from the bicycle. At that time, respondents 1 and 3 came there and an altercation took place there. Abdul Rasheed reached the place running and beat respondents 1 and 3. by that time a number of persons assembled there and then the respondents went away from there by saying that they would wreak vengeance. The prosecution relies on the evidence of P.W.4 mainly for proving that there was such an occurrence took place at 1.30 p.m. on the date of occurrence.

3. The occurrence took place at 8.30 p.m. on 18.12.1997 and the prosecution would say that Abdul Rasheed and P.W.1 were going to their houses through the way on the southern side of Chettithadam culvert and when they reached near the culvert on the southern side, the respondents were sitting on the culvert. On seeing Abdul Rasheed and P.W.1, the respondents went near them and the first respondent inflicted stab injury twice with a knife on the left side of the chest of Abdul Rasheed. When P.W.1 intervened, respondents 2 and 3 beat him. According to the prosecution, the second respondent exorted to do away with Abdul Rasheed and it was then the first respondent stabbed him with knife. There is also allegation by the prosecution that when stabbing Abdul Rasheed the first respondent said that he should not beat anybody thereafter. P.Ws.1 to 3 speak about the occurrence. As stated earlier, P.W.1 says that he was going along with Abdul Rasheed to their houses and it was at that time the respondent assaulted them. P.W.2 says that he saw the occurrence by standing near the shop of one Rahman which is about 15 feet away from the place of occurrence. His version is that he along with C.W.3 went to the shop of Rahman purchased cigarettes from there and stood there smoking cigarettes. Then the occurrence took place and he saw the first respondent inflicting stab injuries on the left side of the chest of Abdul Rasheed and respondents 2 and 3 beating P.W.1 with hand. The version of P.W.3 is that he was coming back after seeing Manager Sajeevan and by 8.30 p.m. he reached near Chettithadam culvert and he saw the occurrence. This witness also says that the first respondent inflicted stab injury on the left chest of Abdul Rasheed and respondents 2 and 3 beat P.W.1 with hand.

4. P.W.1 gave Ext.P1 First Information before P.W.8, the Sub Inspector of Police, Kilikolloor on the basis of which a crime was registered against th