JUDGMENT

Ziyad Rahman A.A., J.

This appeal is filed under Section 378 of Cr.P.C. by the father of the victim, challenging the order of acquittal passed by the Additional Sessions Court, Neyyattinkara in S.C. 437/2014. The aforesaid case arises from Crime No.92/2005 of Kanjiramkulam Police Station which was registered against the respondents 2 to 5 herein arraigning them as accused Nos.1 to 4, for the offences punishable under Sections 302, 341, 325 and 323 read with Section 34 of Indian Penal Code.

2. The prosecution case is that on 23.04.2005 the respondents

2 to 5, in furtherance of a common intention and due to the animosity which the 2nd and 3rd respondents was having against the deceased, committed murder of one Wilfred @ Vijayan, the son of the appellant herein, by inflicting injuries upon his body. The deceased was found dead at a beach in the early hours of 24. 04.2005.

3. Police registered the case under Section 174 of Cr.P.C initially, as the death of the deceased was under suspicious circumstances. Later, in the year 2011, the offences under Section 341, 323, 325 and 302 of Indian Penal code read with Section 34 were incorporated and the respondents 2 to 5 were arraigned as