Common intention and prior concert among assailants can substantiate liability for serious offences, even with incomplete identification of all participants.

JUDGMENT

P. Somarajan, J.

On 16.12.2007 at 2.30 p.m. a person who went for a compromise talk with accused No.1 met with a sad death in the hands of accused Nos.1 to 9, briefly, is the prosecution case. Crime No.900/2007 of Njarakkal Police Station was registered in connection with the alleged incident and accused Nos.1 to 9 were tried for the offence punishable under Sections 143, 144, 147, 148, 324, 325 and 302 read with Section 149 of the Indian Penal Code and under Section 27 of the Arms Act in Sessions Case No.328/2010 of Additional Sessions Court, Adhoc-I, Ernakulam. They were found guilty for the offence punishable under Sections 143, 144, 147, 148, 324, 325 and 302 read with Section 149 IPC and Section 27 of the Arms Act read with Section 149 IPC and convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- each, in default, to undergo rigorous imprisonment for another two years for the offence punishable under Section 302 read with Section 149 IPC, rigorous imprisonment for six months and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for two months for the offence punishable under Section 143 IPC, rigorous imprisonment for two years and a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for six months for the offence under Section 144 IPC, rigorous imprisonment for two years and a fine of Rs.5,000/-, with a default sentence of rigorous imprisonment for six months for the offence under Section 147 IPC, rigorous imprisonment for three years and a fine of Rs.5,000/-, with a default sentence of rigorous imprisonment for six months for the offence under Section 148 IPC, rigorous imprisonment for three years and a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for six months for the offence under Section 324 IPC, rigorous imprisonment for seven years and a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for six months for the offence under Section 325 IPC and rigorous imprisonment for seven years and a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for six months for the offence under Section 27 of the Arms Act. Aggrieved by the said judgment of conviction and order of sentence, accused Nos.1 to 9 came up with these appeals.

2. The prosecution examined PW1 to PW23, got marked Exhibits P1 to P60 and identified MOs 1 to 12.

3. The allegation is that accused No.1, one Rajesh @ Appa Rajesh, entertained a grudge against the victim on account of registration of a case against him in connection with the illegal transaction of foreign currency and he believed that the information was supplied to the police by CW9, a close friend of deceased Sreejith, the victim. There were some telephonic conversation between accused No.1 and the deceased and they decided to meet at the place of occurrence at Perumalpady. Accordingly, the deceased Sreejith along with CW4 and CW5 went to the place of occurrence in a car bearing registration No.KL-2/G-7383 by 2.30 p.m. CW4 and CW5 alighted near a seashore and the victim alone went to the place of occurrence. By that time, accused No.1 arrived there in a Maruthi van bearing registration No.KL-07/N-774 and waited at Njarakkal Jaihind ground, near the residence of accused No.3, along with accused Nos.2 to 9. On seeing Sreejith, accused No.1 approached him and they had some discussion. All on a sudden, accused No.1 caught hold on the neck of victim Sreejith and uttered, “Adichupolikkeda” (stands for “to smash and break open”). Thereon, accused Nos.3, 4, 6 and 7, who were waiting in the Maruthi van bearing registration No.KL-07/N-774, alighted from the vehicle and proceeded towards the victim with sword and brick pieces and attacked him violently. Though the victim tried to escape and ran away from the place, the assailants followed him and attacked. On getting information regarding the attack, the police came to the spot and removed the injured to the General Hospital