IMPORTANT POINTS:
Section 215 Cr.P.C. says that no error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

JUDGMENT :

This is a classic case by which a casualty occurred because all connected criminal appeals were not posted together by the registry.

2. The Circle Inspector of Police, Thripunithura filed a charge sheet against eight accused alleging offences punishable under Sections 143, 144, 148, 341, 323, 324, 326, 307, 120B r/w. Section 149 of the Indian Penal Code (IPC) and under Section 27 of the Arms Act.

3. Accused Nos.1, 2, 4, 6, 7 and 8 faced trial in Sessions Case No.335 of 2000. The trial court convicted and sentenced accused Nos.1, 2, 4, 6 and 7 and acquitted the 8th accused. Accused Nos.1, 2, 4, 6 and 7 filed Criminal Appeal No.611 of 2004. Subsequently, accused Nos.3 and 5 faced trial in Sessions Case No.485 of 2004. When the trial, in that case, was about to conclude and when the case was posted for questioning the accused under Section 313 of the Code of Criminal Procedure (Cr.P.C.), the 3rd accused absconded. Therefore, the trial court again split the case of 3rd accused. Accused 5 was convicted and sentenced in S.C.No.485 of 2004. Subsequently, the 3rd accused surrendered before the trial court, and that case is separately numbered as S.C.No.145 of 2008. In that case, the 3rd accused was also convicted by the trial court. The 3rd accused filed Crl.Appeal No.2025 of 2008 and the 5th accused filed Crl.Appeal No.2638 of 2009 before this Court. As per the judgment dated 7.12.2010, this court allowed Crl.Appeal No.2638 of 2009 and acquitted the 5th accused who is Prasanth, S/o.Velayudhan. The appeal filed by accused Nos.1, 2, 4, 6 and 7 is Crl.Appeal No.611 of 2004 and the appeal filed by the 3rd accused is Crl.Appeal No.2025 of 2008. These two appeals were pending before this Court when Crl.Appeal No.2638 of 2009 was heard and disposed of by this court. (hereinafter, the accused are mentioned according to their rank in the original charge sheet).

4. The prosecution case is that the 1st accused was in inimical terms with CW2 Manual as he was against the criminal activities of the 1st accused. Out of the said enmity, accused Nos.1 to 8 conspired together and decided to murder charge witness No.2, who is examined as PW1 before the court. On 14.3.1999 at 7.15 p.m., accused Nos.1 to 7 formed themselves into an unlawful assembly, knowing that they are the members of such assembly armed themselves with deadly weapons such as 'kanakan vakkathy', knife, iron rod, and iron pipe, etc. The prosecution's further case is that, when CW2, who was examined as PW1 came on a scooter, the accused reached the place of occurrence at Paradise Road, Thammanam. It is alleged that accused Nos.2 to 4 wrongfully restrained him and the 4th accused punched on the chest of PW1. The 3rd accused hit him on his abdomen and accused Nos.2 to 7 attacked PW1 on several parts of his body by using their hands and legs. In the meantime, the 2nd accused stabbed on the buttock of PW1 and inflicted seven injuries. The 3rd accused had beaten him with an iron rod on his back and left leg. The 4th accused gave a blow on the back of PW1 with an iron pipe. After that, the accused persons dragged PW1 to the middle portion of the Paradise road and the 1st accused by using a kanakkan vakkathy cut on the tendon of his both legs. They also inflicted cut wounds on the foot of PW1. Thereafter, PW1 was dragged to the western side of the road and accused Nos.6 and 7 had beaten him with iron rod and iron pipe. Accused Nos.2, 3 and 4 also had beaten on several parts of the body of PW1. Accused persons have done the above acts with the intention to murder PW1. Hence, it is alleged that accused had committed the above mentioned offences.

5. In Sessions case No.335 of 2000, in which accused Nos.1, 2, 4, 6 to 8 faced trial, 17 witnesses were examined. Exhibits P1 to P23 are the exhibits marked on the side of the prosecution. D1 to D13 are the defence exhibits. MO1 to MO15 are the material objects. After going through the evidence and documents, the trial court found that, accused who