Presence in an unlawful assembly suffices for liability, affirming that minor discrepancies in testimonies do not negate the prosecution's case.

JUDGMENT :

K. V. JAYAKUMAR, J.

These criminal appeals are preferred impugning the common judgment of the Additional District and Sessions Court, North Paravur, dated 21.08.2019 in S.C. No.412/2012. The appellants in Crl. Appeal No.1328 of 2019 are the accused Nos.1 and 2. The appellant in Crl. Appeal No.1331/2019 is the accused No.3. The appellants in Crl. Appeal No.1177/2019 are the accused Nos.4 and 5. Accused No.6 is the appellant in Crl. Appeal No.1086/2019.

2. The appellants/accused Nos.1 to 6 faced the trial before the Additional District and Sessions Court, North Paravur for the offences punishable under Sections 143 , 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code (for the sake of brevity, ‘IPC’) and under Section 27 of the Arms Act .

3. The learned Additional Sessions Judge found the appellants guilty, convicted and sentenced them. Accused Nos.1 to 6 were sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with Section 149 of IPC and to pay a fine of Rs.50,000/- each with a default clause. They were also sentenced to undergo imprisonment for various terms under Sections 143 , 147, 148 and 341 read with Section 149 of IPC and Section 27 (1) of the Arms Act .

Prosecution case

4. The prosecution case in brief is that the accused Nos.1 and 2 were inimical towards the deceased, Abhilash, since he attempted to commit the murder of accused No.2, Krishnakumar @ Munambam Krishnan, by hurling a country bomb. The prosecution further alleges that in order to wreak vengeance against the deceased Abhilash, the accused formed themselves into an unlawful assembly in prosecution of their common object, armed with deadly weapons like sword stick, iron rods etc. and on 19.05.2005 at about 8.35 pm, they followed Abhilash who was riding a motor cycle along with PW2 (Gilda Mendez) as a pillion rider. Further, the accused chased the motorcycle in an Ambassador car and when they reached 200 meters away from Perumpadanna bridge on Paravur – Cherai public road, they overtook and intercepted the motorcycle. In the meantime, the deceased Abhilash fell down. The accused Nos.1 to 6 attacked the deceased with swords and iron rods and caused severe injuries.

5. The prosecution further alleges that the 1^st accused inflicted a cut injury with a sword on the back side of the neck and accused Nos.2 and 3 inflicted injuries on the leg of the deceased. The other accused also attacked the deceased with a sword stick and iron rod. The deceased breathed his last on the way to the hospital.

Registration of the crime and investigation

6. PW17 (M.K. Binukumar) registered Ext.P1(a)-FIR at 9.15 pm on 19.05.2005 on the basis of Ext.P1-FIS lodged by PW1 (Misha K.D.). PW18 (R. Salim) took up the investigation on 20.05.2005. On that day, he conducted an inquest of the body of the deceased and prepared the Ext.P3 Inquest report. He seized MOs.6 and 7, the dresses worn by the deceased.

7. Thereafter, at 11.45 am, he prepared Ext.P4 scene mahazar