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2. Accused Nos. 1 to 11, 13 and a Juvenile in conflict with law, entered into a criminal conspiracy to do away with one Vineeth, the son of the deceased and, as a part of conspiracy on 27/5/2018 at about 11.15 pm, formed themselves into a unlawful assembly with dangerous weapons such as sword, knife and wooden log and trespassed into the house of Vineeth and attacked the inmates. Accused Nos. 6 to 11, 13 and the Juvenile stood outside the house and guarded the scene, while accused Nos. 1 to 5 and 8 forced themselves into the house and attacked the family members of Vineeth. The first accused, by using a sword, hacked Crl.Appeal Nos.986,479,511,570,887/2021 & 237/2023 2025:KER:28485 the deceased and the third accused, by using another sword, hacked the deceased and his wife. The second accused pushed the wife of the deceased down and inflicted a perforating injury on the right leg of the deceased with a knife. Thereafter, the 4th and 5th accused trespassed into the house with wooden logs and assaulted the deceased, his wife and his mother-in-law. After the incident, the deceased was taken to the Co-operative Hospital, Irinjalakuda, where he succumbed to his injuries at 12.45 am on 28/5/2018. It is alleged that the 12th accused harboured accused Nos. 1,3 & 5 after the incident. Hence, the prosecution alleged that the accused have committed the offences punishable under Sections 143,147,148,323,324, 326,307,212,450,302 read with Section 149 and Section 120(B) of IPC.

10. PW1 is the wife of the deceased Vijayan. She deposed that on 27/5/2018, her husband came back from work at about 10 pm,and after having food they all went to sleep. At that time, her two sons, her mother and her husband were inside the house. At about 11 pm, she heard the calling bell and when she along with her husband opened the door and grill in the sit out, after switching on lights, she saw the 8th accused standing there. He enquired about her son Vineeth and when she replied that he was sleeping, a few persons barged into the house. Two among them Crl.Appeal Nos.986,479,511,570,887/2021 & 237/2023 2025:KER:28485 hacked her husband using swords and when she clasped her husband, they hacked her on her left hand shoulder and wrist. She identified the first accused as the person who first hacked her husband and the third accused as the person who hacked her husband and her, subsequently. She also stated that, among the weapons, which are shown to her in the court, the longest is the one used by the first accused. Thereafter, the second accused pushed her and stabbed her husband on his left leg using a knife, which she identified as MO1. When these three persons went outside the house, two other persons came with wooden sticks and beat her husband, mother and herself. She identified these persons as the 4th and 5th accused and added that it is the 5th accused, who had beaten them more. Thereafter, she along with her children took her husband to the hospital in an autorickshaw. While in the hospital, she also gave Ext.P1 FIS. In her cross examination, she stated all the weapons used to hack them are now in court. She also stated that since these accused are the Crl.Appeal Nos.986,479,511,570,887/2021 & 237/2023 2025:KER:28485 persons who have attacked her husband, she can positively identify them. She further stated that in the hospital, she, along with others, gave the details to the doctor and what is stated in Ext.P1 that only three persons have attacked is not correct. In the attack, she suffered a fracture in her hand and at the time when the police recorded her statement in the hospital, she was very tense.

34. In order to prove the involvement of the appellants in the crime, the prosecution is heavily relying upon the evidence of the inmates of the house and their neighbours. PW1 is the wife of deceased Vijayan who had witnessed the entire incident. Her evidence reveals that on 27/5/2018, at about 11 pm, on hearing the calling bell she, along with her husband, had switched on the lights and opened the door and the grill in the sit-out. The 8th accused was standing there and he enquired about Vineeth, her son. When she informed the 8th accused that Vineeth was sleeping, a few persons barged into the sit-out and the first accused hacked her husband. Thereafter, the third accused also hacked her husband and she immediately embraced her husband. Then she was also hacked in her left shoulder and wrist. She stated that the 3rd accused had thus hacked her husband on his Crl.Appeal Nos.986,479,511,570,887/2021 & 237/2023 2025:KER:28485 leg and herself, on her hand. Thereafter, the 2nd accused pushed her and stabbed her husband on his left leg using a knife. When they retreated, accused Nos. 4 & 5 came inside and beat her husband, mother and herself using wooden sticks. PW1 identified the knife used by the 2nd accused as MO1 and the sword used by the first accused. She further stated that all the weapons used by the accused for chopping were before the court .It is also clear from her evidence that it is in the attack made using sticks, she had suffered fracture in her hand. Thereafter, she and her husband were taken to the Co-operative Hospital where her husband died. Her evidence also reveals that it is from the hospital, immediately after the death of her husband, she had lodged Ext.P1 FIS.