Hemant Gupta JUDGMENT
Hemant Gupta, J.
1. The challenge in the present appeals is to a judgment dated 02.02.2016 maintaining conviction of the Appellant-Mani for an offence Under Section 302 Indian Penal Code, whereas, conviction of the other Accused i.e. Accused No. 2-Rathnakumar, 3-Praveen and 4-Selvaraj was maintained for offences Under Sections 324 and 341 read with 34 Indian Penal Code while acquitting the said Accused for an offence Under Section 302 Indian Penal Code.
2. Criminal Appeal No. 540 of 2019 is against the conviction of Accused No. 1 for an offence Under Section 302 Indian Penal Code, whereas, Criminal Appeal No. 541 of 2019 is against the acquittal of Accused No. 2-Rathnakumar, 3-Praveen and 4-Selvaraj (Respondent Nos. 2-4) Under Section 302 read with 34 Indian Penal Code. The parties herein shall be referred to as before the Trial Court.
3. PW2-Vishwanathan son of Kunchu lodged a First Information Report at about 11.00 PM on 28.09.2005 in respect of an incident which occurred same day at about 8.10 PM on a slope near Rosy School, Chozhiyamkod. The statement is that the Accused 1 to 4 who are BJP sympathisers, in connivance and conspiracy with each other with the intention and preparation to kill the complainant and others who are CPM sympathisers, due to political enmity, collected dangerous weapons of knife, Vadival sword and iron rod, came in motorcycles in front of Rosy School, Chozhiyamkod. They illegally stopped the complainant and his friends. The Accused No. 1-Mani stabbed Soman, whereas, Accused No. 2-Rathnakumar attacked complainant with Vadival sword on his face and Accused No. 3- Praveen gave beatings to Ashraf PW3 with iron rod.
4. Shri V. Pazhanimala, A.S.I., Vadakkancheri Police Station recorded such statement and took over investigations. He recorded the statement of Vishwanathan-PW2 Under Section 161 Code of Criminal Procedure1. In his police statement, he stated that at about 8.00 PM on 28.09.2005 he along with (2) Kabir son of Muhammed, (3) Ashraf son of Sheri, (4) Soman son of Appunni, (5) Rajesh son of Karuman, (6) Anil Kumar son of Velayudhan, (7) Sajeesh and (8) Sanoj sons of Kumaran Vadukathodiyil were standing near the Mangalam old post office. They were talking about success of the party in the elections. They received information that BJP people are creating troubles at Chozhiyamkod. Eight of them moved towards the Chozhiyamkod. When they reached the slope of the road in front of Rosy School, they saw two motorcycles coming from opposite side. Both the motorcycles stopped. Under the light of torch, they found that the four Accused were armed with Vadival swords, knives and iron rod and came running towards them. Accused 1-Mani shouted that wh........