Important points:
Seriousness of the crime by itself can not be taken as a factor to uphold the conviction unless the conscience of the court is satisfied through the materials brought in by the investigating agency that it is the accused who have done the heinous crime. Wherever a reasonable doubt arises in the mind of court, benefit of the same should go to the accused.

JUDGMENT :

M.R. Anitha, J.

1. Appellants are accused Nos.1 to 3, 5 and 7 in S.C.No.315/2008 on the files of Additional Sessions Court-II, Palakkad.

2. Prosecution case is that accused 1 to 7 hatched a criminal conspiracy in the evening of 29.10.2007 at BJP party office near Nilampathi bridge at Kadukkamkunnam to do away with the deceased Gopalakrishnan and Raveendran out of previous enmity and political feud. For that they formed themselves into an unlawful assembly armed with deadly weapons and in prosecution of the common object of the assembly rioted with deadly weapons. They got information of the deceased persons attending the marriage party of PW16 Radhakrishnan and 4th accused directed the 6th accused to wait near Mukkei temple to inform the other accused about the movements of deceased persons over phone. As agreed, 6th accused intimated, the deceased persons coming out of the marriage reception on KL-09L/1972 motorcycle through Nilampathy bridge. Accordingly when the deceased were coming on the motorcycle and reached near the pillar on the northern side of Nilampathy bridge at about 6.45 p.m, accused persons in prosecution of the common object of the assembly, wrongfully restrained them. Thereafter accused 1 and 2 repeatedly slashed Gopalakrishnan with a sword at his head, hand and leg and several other parts of his body and inflicted fatal injuries. Deceased Raveendran ran away and third accused chased him and when reached about 20 meters south, the third accused slashed Raveendran with sword at his head, arm and leg 5th and 7th accused who were hiding behind, struck him with iron pipes at different parts of the body and inflicted fatal injuries. When people rushed to the spot on seeing the incident, the accused persons ran away and injured were taken initially to District Hospital, Palakkad and from there they were taken to Palana hospital. Before reaching there Gopalakrishnan succumbed to his injuries and Raveendran was taken to K.G. Hospital, Coimbatore. He also succumbed to the injuries on the succeeding day at 11.30 am. while undergoing treatment. Hence the case.

3. The law was set in motion as per Ext.P25 FIS given by deceased Raveendran, while undergoing treatment at Palana Hospital, to PW18, the Sub Inspector of Police, Town North police station, Palakkad during the relevant time. FIS was produced before PW19 SHO Malampuzha Police Station and based on the same, he registered Ext.P26 FIR under Sections 341, 307, 302 read with Section 34 of IPC originally against accused nos. 1 to 3. PW22 conducted the initial investigation and inquest of Gopalakrishnan was conducted on 30.10.2007 and the inquest report is marked as Ext.P1. PW24 C.I of police Palakkad conducted inquest in the body of Raveendran and the inquest report is marked as Ext.P3.

4. PW22 prepared the scene mahazar Ext.P6 and seized MO6 to 9 foot-wears from the scene of occurrence. PW18 took custody of accused Nos.1 to 3 from Pollachi and produced before PW22 on 30.10.2007 and they were arrested by PW22 in accordance with law. Thereafter, he questioned them and seized the dresses worn by them. Recovery of weapon at the instance of accused Nos.1 to 3 were also effected. Thereafter, PW23 C.I. Of Police Kollamgode took charge of the investigation and filed Ext.P42 report stating about the involvement of the accused No.4 to 7. He arrested them, questioned them and recovered MO4 and 5 iron pipes at their instance. He filed Ext.P52 report adding Sections 143, 147, 148, 120(B), 149 IPC along with 341 and 302 IPC. Further he forwarded the properties for chemical analysis and Ext.P54 is the copy of the forwarding note. Ext.P55 is the chemical examination report of the sample sent.

5. PW1 to 24 were examined and Exts.P1 to P61 marked, MO1 to MO21 were identified and marked from the side of the prosecution. DWs 1 to 3 examined and D1 to D17 and Exts.X1 and X2 were also marked at the instance of the accused. After trial, the learned Additional Sessions Judge-II, Palakkad,