Shaffique, J.

The appeal under consideration is preferred by appellants

who are four in number. They were charged for offences under

Sections 341 and 302 of the Indian Penal Code, 1860 (for short

'IPC') by the Court of Additional Sessions Judge (Adhoc – III) [Fast

Track Court No. III], Palakkad and found guilty for offence under

Section 302 of I.P.C. and all the accused/appellants were

individually sentenced to undergo imprisonment for life and to

pay a fine of `1,00,000/- (Rupees One Lakh only) vide judgment

dated 27/06/2013 in S.C. No.136 of 2010 arising out of Crime

No.106 of 2008 of Malampuzha Police Station. The fine amount if

realized was directed to be paid to the wife or children of the

deceased with equal right over the same.

2.

Prosecution case is as follows:

The deceased Aruchami was the Mandalam Kunnamkadu ward

President of Bharatheeya Janatha Party (for short 'BJP'). The

accused/appellants were followers of Communist Party of India

-:4:-

(Marxist) [for short 'CPI(M)]. Due to political enmity, accused nos.

1 to 4 in furtherance of their common intention to kill Aruchami,

wrongfully restrained him at 08.30 p.m. on 20/07/2008 while he

was conversing with PW2 and PW3 in front of the provision shop

of one Krishnan bearing building no.2/29 of Maruthathodu

Panchayath. The accused were armed with deadly weapons like

iron pipes, sticks and concrete blocks. The 3^rd accused (herein

after referred to as 'A3') exhorted “നനേതതാവവിനനേ അടവിച്ചു നകതാനല്ലെടതാ ”

(Kill the leader by beating) and on the said utterance, the 1^st

accused Pachappan (herein after referred to as 'A1') struck on the

scalp of Aruchami with an iron pipe and the 2^nd accused (herein

after referred to as 'A2') beat him on his hands and legs with iron

pipe and Aruchami collapsed. A3 Sukumaran struck on the

abdomen of the victim with a concrete piece. The victim was

taken to hospital and on 22/07/2008 at 07.45 p.m., Aruchami

succumbed to his injuries while undergoing treatment in Medical

College Hospital, Thrissur.

3.

To prove the case, prosecution adduced oral evidence

through PW1 to PW21, produced documents Exts.P1 to P23 and

-:5:-

identified MO1 to MO6 material objects. After closure of

prosecution evidence, accused were questioned under Section

313 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.').

Accused denied incriminating circumstances appearing against

them and pleaded innocence. No evidence was adduced from

their side.

4.

Learned Senior counsel for the appellants Sri.P.Vijaya

Bhanu submitted that there is absolutely no evidence against the

appellants in this case. Occurrence witnesses cited by the

prosecution turned hostile. Alleged dying declaration made to

PW1 by the deceased is not deposed to by the witness in Court.

Medical and other evidence do not corroborate the prosecution

version. He pointed out that PW13 Doctor who was examined to

prove autopsy did not depose the injuries noted in post-mortem

certificate in Court and hence his opinion lacks evidentiary value.

He relied on the decision of this Court in Raju v. State of Kerala

[2018 (1) KLT 565] to substantiate the said contention. Court

below committed serious error in convicting the appellants. He

pleaded to acquit the appellants by extending benefit of doubt.

5.

On the other hand, learned Senior Public Prosecutor

-:6:-

argued that prosecution proved the case by adducing solid

evidence. It is true that some of the witnesses did not support

prosecution. But that by itself is not sufficient to discard other

available evidence. PW1 in his Ext.P1 FIS as well as in his

evidence deposed the dying declaration made by the deceased to

him while the deceased was taken to hospital. It is believable.

Medical evidence corroborates the oral evidence of PW1, PW9

and PW10. Court below is justified in arriving at the present

conclusion and there is no need to disturb the finding. He prayed

to dismiss the appeal.

6.

We heard both counsels in detail and perused the

eviden