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heard the sound of iron rods. Deceased Ravi alarmed that, 'they are coming'. Soon Pw1 lighted the torch. In the torch light he identified accused Nos.5, 9 and 11 who were standing on the eastern side. Some others were on the western side at a distance of ten feet. Seeing these persons coming, himself and others stood up and moved a little towards east. Then the 11th accused inflicted a blow at the back of his head with an iron rod. Somebody uttered to murder. When turned back he was intercepted by the 5th accused who hacked him twice at his left thigh with a sword. He fell down into a thodu on his right side. No sooner he fell down into the thodu than the 9th and 11th accused inflicted blows at his both shoulders and head with iron rods. Some how or other, he climbed out of the thodu and ran to the house of Vallissery Anil where Pw5 was present. He was accompanied to the main road by Pw5. From there he was rushed to the Elite Mission Hospital, Thrissur by Pw3 and Pw4. From there he was taken to the Medical College Hospital, Thrissur. On the way, the autorickshaw in which he was taken to the hospital was intercepted by Tata Sumo vehicle in which Ravi was being carried. He was also taken to that vehicle and rushed to the Medical College Hospital, Thrissur where he had  Crl.Appeal No.658 of 2005.

back aspect of right upper arm 8 cm below the shoulder.

It was further deposed that the deceased died of injuries sustained to head and face and that injuries No.1 and 2 are sufficient to cause death in the ordinary course of nature and that injury No.1 could be caused if struck with an iron pipe like MO8 and injury No.2 could be caused if hacked with a weapon like MO9 and injuries No.3 to 11 could be caused if he falls on a rough and hard surface and also could be caused with a weapon like MO10. In cross-examination Pw35 deposed that injuries No.3 to11 could also be caused while the injured person was being transported from the site to the hospital.

him. Pw3 identified accused 1, 2, 5, 7, 9, 11 and 21. He also identified MOs.1, 8, 9 and 10.

18. Pw7 would depose that, the torch procession was over by 8.30 pm on 5.2.1998. There were ten persons in the procession. After the procession Pws.3 and 4 went to the house of Pw3. Later they returned stating that there was likelihood of attack by BJP activists. So, they decided to remain away from their houses. Accordingly all of them went to the property of Therambil Viswambaran which is adjacent to the house of Pw3. While they remaining so, about 20 persons reached there. Deceased Ravi stated that they had reached. All in the group stood up. There was good moon light. Pw1 lighted the torch and they identified accused Nos.1, 3, 7, 15, 17 and 18. They were uttering 'om kali'. Seeing them attempting to assault with swords he ran towards south and hid behind a coconut tree. Then he saw Ravi attempting to climb out of the thodu. By the time the 3rd accused hacked Ravi with a sword. Ravi was uttering that he was Ravi, don't hack, (.. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ). Accused Nos.2, 7, 15, 17 and 18 rounded Ravi and he could not see as to what happened. The 7th accused threw the iron rod which was identified and marked as MO10. The  Crl.Appeal No.658 of 2005.

25. We had earlier mentioned that Pw3 had an information that the house of himself, Pw1 and Pw4 would be attacked. It is crucial to note that neither their house nor the persons were attacked, but the attack was against Pw2 and deceased Ravi. If the evidence of Pw7 is believed, when the 3rd accused hacking Ravi with sword, Ravi was telling that 'should  Crl.Appeal No.658 of 2005.

not hack, he was Ravi'. If that version is true, the attack against Ravi was either without identifying the victim because it was darkness or if there was some moon light, Ravi might have been attacked by a person known to Ravi and who had no enmity. Such a conclusion is justified because Ravi was telling to the assailants that not to hack, he was Ravi. If the evidence of Pw7 is believed, after the 3rd accused hacking Ravi, accused 2, 7, 15 and 17 rounded Ravi. If the allegation of the prosecution is true, all of them were armed with deadly weapons. Pw7 avoided further by stating that he could not see anything after those persons circling the deceased. If that is so, there was only one victim and five or six assailants armed with deadly weapons and the victim couldn't even defend. If all five or six persons attack one unarmed person, there would have been much more severe injuries. But no such injuries. It is also pertinent to note that Pw7 had deposed that the 7th accused threw away the iron rod towards south and that iron rod was identified by Pw7 and marked as MO10. MO10 was seized by Pw38 while preparing Ext.P3. The nature of injury found on the body of Ravi would show that there is no likelihood of these persons hacked or beating with swords or GI pipes like MO10. We don't forget that  Crl.Appeal No.658 of 2005.