IMPORTANT POINT
Eyewitness testimony is credible and sufficient for conviction in murder cases, even without a test identification parade, and minor inconsistencies in the first information statement do not undermine the prosecution's case.

JUDGMENT :

P.V.BALAKRISHNAN, J

These appeals are filed by accused Nos.1 to 5 and 8 in SC No.754/2018 on the files of the Additional Sessions Court, Irinjalakuda, challenging their conviction and sentences imposed by that court. As per the impugned judgment accused Nos. 1 to 5 & 8 were found guilty, convicted and sentenced under Sections 143,147, 323, 324, 326, 307, 450, 302 read with Section 149IPC ., accused Nos. 1 to 5 were found guilty, convicted and sentenced under Section 148 read with section 149 IPC and accused Nos. 1 to 3 & 5 were convicted and sentenced under Section 120(B) read with Section 302 IPC . Criminal Appeal No.986/2021 is preferred by the 1st accused, Crl.Appeal No.570/2021 is preferred by the 2nd accused, Crl.Appeal No.511/2021 is preferred by third accused, Crl.Appeal No.887/2021 is preferred by the 4th accused, Crl.Appeal No.479/2021 is preferred by the 5th accused, and Crl.Appeal No.237/2023 is preferred by 8th accused.

Prosecution Case

2. Accused Nos. 1 to 11, 13 and a Juvenile in conflict with law, entered into a criminal conspiracy to do away with one Vineeth, the son of the deceased and, as a part of conspiracy on 27/5/2018 at about 11.15 pm, formed themselves into a unlawful assembly with dangerous weapons such as sword, knife and wooden log and trespassed into the house of Vineeth and attacked the inmates. Accused Nos. 6 to 11, 13 and the Juvenile stood outside the house and guarded the scene, while accused Nos. 1 to 5 and 8 forced themselves into the house and attacked the family members of Vineeth. The first accused, by using a sword, hacked the deceased and the third accused, by using another sword, hacked the deceased and his wife. The second accused pushed the wife of the deceased down and inflicted a perforating injury on the right leg of the deceased with a knife. Thereafter, the 4th and 5th accused trespassed into the house with wooden logs and assaulted the deceased, his wife and his mother-in-law. After the incident, the deceased was taken to the Co-operative Hospital, Irinjalakuda, where he succumbed to his injuries at 12.45 am on 28/5/2018. It is alleged that the 12th accused harboured accused Nos. 1, 3 & 5 after the incident. Hence, the prosecution alleged that the accused have committed the offences punishable underSections 143, 147, 148, 323, 324, 326, 307, 212, 450, 302 read with Section 149 and Section 120(B) of IPC .

Proceedings before the trial court.

3. On appearance of the accused, the trial court after hearing both sides, framed charges under 143, 147, 148, 323, 326, 450, 212, 307, 302 read with 149 and 120(B) of the IPC against them. Thereafter, from the side of the prosecution, PW1 to PW68 were examined and Exts.P1 to P177 documents and MO 1 to MO 39 were marked. Exts.C1 and C2 were marked as Court Exhibits and Exts.D1 to D4 were also marked from the side of the accused. When the accused were examined under Section 313 Cr.P.C, they denied all the incriminating circumstances appearing against them in evidence and stated that they are innocent. Even though an opportunity was granted to the accused to adduce evidence, no evidence was adduced from their side. The trial court, on an appreciation of the evidence on record, found accused Nos. 1 to 5 and 8 guilty of committing the offences punishable under Sections 143, 147, 323, 324, 326, 307, 450, 302 read with Section 149IPC and convicted them thereunder. Accused Nos. 1 to 5 were also found guilty of the offence under Section 148 IPC and they were convicted thereunder. The trial court further found accused Nos. 1 to 3 and 5 guilty of the offence under Section 120(B) of IPC and convicted them thereunder. Accused Nos. 6,7,9 to 11 and 13 were acquitted of the offences under Sections 143, 147, 148, 323, 324, 326, 307, 450, 302 read with Section 149 and Section 120(B) IPC and the 12th accused was acquitted of the offence punishable under Section 212, 120B read with 302IPC .

Contention of the appellants

4. The learned Counsel for the appellant