The court upheld the conviction for murder based on sufficient evidence while acquitting co-accused due to failure to establish a conspiracy, citing legal principles on corroborative witness testimony.

JUDGMENT :

Johnson John, J.

The appellants are accused Nos. 1 to 8 in S.C. No. 901 of 2016 on the file of the Additional District and Sessions Judge-VI, Thiruvananthapuram and accused Nos. 1 to 4 are challenging the conviction and sentence imposed on them for the offences punishable under Sections 120B, 302, 341, 326 r/w Section 34 IPC and accused Nos. 5 to 8 are challenging the conviction and sentence imposed on them under Section 120B IPC. Crl. Appeal No. 895 of 2018 is filed by accused Nos. 1, 2 and 4. Crl. Appeal No. 1009 of 2018 is filed by accused No. 3. Crl. Appeal No. 677 of 2018 is filed by accused No. 5 and Crl. Appeal No. 1500 of 2018 is filed by accused Nos. 6 to 8.

2. The prosecution case is that the accused persons and the deceased were members of rival gangs operating in Thiruvananthapuram and that the deceased and others attacked accused Nos. 2 and 3 in this case and that resulted in the registration of Crime No. 1271 of 2014 of Pettah Police Station and because of the gang rivalry and previous enmity, accused Nos. 1 to 9 entered into a criminal conspiracy to murder the deceased Sunil Babu and in furtherance of their common intention, accused Nos. 1 to 4 travelled in two motorcycles and accused Nos. 5 to 8 travelled in an Innova car and accused Nos. 1 to 4 reached Kannammoola junction at about 7.45 p.m. on 13.12.2015 and attacked the deceased Sunil Babu, who was standing there in front of the State Bank of India, Kannammoola Branch.

3. It is alleged that the 2nd accused attacked the deceased with a sword and when the deceased attempted to ward off the attack, his little finger of the left hand was chopped and when the deceased attempted to escape towards the side of Kannammoola bridge, accused Nos. 1 to 4 chased him and when the deceased reached near the bus waiting shed, the 4th accused caught on the collar of his shirt from behind and after forcibly restraining him, banged his head towards the front side body of private bus bearing registration No. KL-01-AU-5353, which came from Kannammoola side and when the deceased fell down, the 2nd and 3rd accused persons inflicted cut injuries on his head with sword and chopper and the 1st accused inflicted cut injuries on various parts of the body of the deceased with chopper and thereafter, accused Nos. 1 to 4 left the place in their motorcycles and even though the deceased was taken to hospital, he succumbed to his injuries while undergoing treatment in KIMS Hospital, Thiruvananthapuram at 7 p.m. on 15.12.2015.

4. As per the prosecution case, after the occurrence, accused Nos. 1 to 4 reached near the house of the 9th accused at Pullukadu and with the assistance of the 9th accused, they concealed the vehicles and the weapons used for committing the crime. But, as per the impugned judgment, the trial court found that the prosecution has not succeeded in proving the offence charged against the 9th accused and accordingly, the 9th accused was acquitted.

5. The Station House Officer of Medical College Police Station recorded Exhibit P1 First Information Statement of PW2, the father of the deceased, on 13.12.2015 at 11.15 p.m., and thereafter, registered Exhibit P63 FIR. PW49, the then Circle Inspector of Medical College Police Station, took charge of the investigation of this case on 14.12.2015 and thereafter, PW50 completed the investigation and filed the final report.

6. When the accused were produced before the trial court, after hearing both sides, charge was framed against accused Nos. 1 to 4 for the offences under Sections 115 , 120B, 341, 324, 326 and 302 r