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9. PW1 is one Kumaran. He is a person residing approximately 100 meters away from the scene of occurrence. PW1 deposed that at about 10.15 p.m. on the date of occurrence, while he was watching television in his house, he heard a noise from the road and when he proceeded to that place, he saw PWs 5 and 6 lying on the road in front of the house of Anilkumar and the first accused hacking on the right side of the chest of Shibin with an axe. It was deposed by PW1 that when Shibin fell down on his chest on account of the attack by the first accused, the second accused knelt down and hacked Shibin with a sword on his back. It was also deposed by PW1 that even though he then saw PWs 3, 6, 7 and others with injuries there, he was unable to depose as to who caused injuries to them. Nevertheless, PW1 confirmed that Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 accused 1, 2, 4 and 5 were among the assailants who attacked Shibin as also the injured, and identified them. PW1 also identified MO1 axe as the weapon used by the first accused and MO2 sword as the weapon used by the second accused to inflict injuries on Shibin and MO3 knife as the weapon carried by the fifth accused then. It was also deposed by PW1 that the accused were exhorting "ബ ബ തക ർ അല ഹ അക ർ" while attacking and the accused left the place when the people in the locality rushed to the scene hearing the noise. It was also deposed by PW1 that in the meanwhile, one Balakrishnan, one E.K. Rajan and PW8 namely, Aravindakshan also arrived at the scene and PW1 along with PW8 took PW2, PW6 and Shibin to Vatakara Co-operative Hospital in an auto rickshaw. It was also deposed by PW1 that PW7 was taken in another auto rickshaw to Thalassery Hospital and PW3 was taken to Vatakara Co- operative Hospital in a car. It was also deposed by PW1 that when the car in which PW3 was being taken to the hospital reached near the water tank at Purameri, Shibin was shifted to that car and thereafter they followed that car. It was also deposed by PW1 that when they reached Vatakara Co- Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 operative Hospital, Shibin and PW3 were referred to the Medical College Hospital, Kozhikode as the injuries sustained by them were serious and they were accordingly taken to the Medical College in an ambulance. It was also deposed by PW1 that when he was still in Vatakara Co-operative Hospital, somebody informed him about the death of Shibin and PW1 then proceeded to the Medical College Hospital. It was also deposed by PW1 that he returned home only at about 4 a.m. on the following day and on his return, he went to the police station and gave Ext.P1 statement, after taking rest for sometime. In cross-examination, it was affirmed by PW1 that he gave two additional statements to the police after Ext.P1 statement in connection with the occurrence and denied the suggestion that the lights in the compound wall and in the house of Anilkumar were not staying lit at the time of occurrence. Similarly, PW1 denied the suggestion that the activists of the political party, CPM created trouble on the road and Shibin sustained injuries in the clash that took place thereafter between CPM activists and the local people. It was also clarified by PW1 in cross-examination that he is not an Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 activist of the political party, CPM and that he is only a well- wisher of that party.

Crl.A.No.988 of 2016 & con. cases 2024:KER:73335

11. PW3 is Rakhil who was also present at the scene of occurrence with PWs 2, 4 and Shibin when accused 5 and 6 passed through that place. PW3 is also an activist of the political party CPM, and DYFI. PW3 also deposed as regards the background of the occurrence as deposed by PW2. As in the case of PW2, PW3 also deposed that he had previous acquaintance with accused 1 to 8, 15 and 16, and identified all of them in court. PW3 also identified the motor cycles in which accused 5 and 6 came to the scene as MO5 and MO4 respectively and the scooter in which accused 1, 3 and 15 came to the scene, as MO6. The version of PW3 as regards the occurrence was that after the arrival of accused 1, 3 and 15 with weapons and after the said accused gave instructions to the remaining accused who were present there, all of them together approached PWs 2, 4, Shibin and himself exhorting "ബ ബ തക ർ അള ഹ അക ർ ക ലട ". It was deposed by PW3 that some among them hit PWs 5 and 6 first and when they fell down, the first accused hacked on the chest of Shibin with an axe. When Shibin fell down on his chest, the second accused hacked him on his back with a sword. It was the version of PW3 Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 that thereupon, the second accused caught hold on the back of the neck of PW3 and made him bend down and that the third accused then hacked twice on the back of PW3 with an axe and also on the back of his hands. PW3 identified MO1 as the axe used by the first accused, MO2 as the sword used by the second accused and MO7 as the axe used by the third accused. It was also deposed by PW3 that the third accused hacked him on the back of his hands also. PW3 also deposed that he was taken first in a car to Vatakara Hospital, via Purameri and Shibin was shifted to that car from the auto- rickshaw at Purameri. It was also deposed by PW3 that he was referred to the Medical College Hospital, Kozhikode from Vatakara Hospital.

16. PW8 is Aravindakshan referred to by PW1 in his evidence. PW8 is an activist of the political party, CPM. PW8 came to the scene immediately after the arrival of PW1. PW8 gave evidence as regards the occurrence consistent with the Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 evidence given by the injured witnesses. PW8 deposed that among the injured, PWs 2 to 4 and Shibin belonged to CPM, PWs 5 and 7 belonged to Congress Party and PW6 does not have any political affiliation. It was also deposed by PW8 that the accused are activists of the political party, Muslim League. It was also deposed by PW8 that he along with PW1 took PW2, PW5, PW6 and Shibin in an auto rickshaw to the Vatakara Co- operative Hospital and Shibin was lying on the lap of PW8 and PW1 was sitting on the left side of the driver. PW8 also deposed that Shibin was shifted to the car in which PW3 was being taken to the said hospital near the water tank at Purameri. It was also deposed by PW8 that Shibin was taken in an ambulance from the Vatakara Co-operative Hospital to the Medical College Hospital, Kozhikode; that the remaining injured were also taken to the said hospital and that Shibin died on the way to the Medical College Hospital, Kozhikode. PW8 also clarified that he saw PW1 at the Medical College Hospital. Like PW1, PW8 also identified accused 1 to 8, 15 and 16 in court and also the weapons used by accused 1 to 4 and 15.

27. PW60 was the Sub Inspector of Police in charge of Nadapuram Police Station on 22.01.2015. PW60 deposed that on the following day at 7.45 a.m., PW1 came to the police station and gave Ext.P1 statement and he registered Crime No.89 of 2015 on the basis of the said statement. In cross-examination, it was stated by PW60 that the Assistant Sub Inspector of Police, Abdulla was in charge of the General Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 Diary of the Station and at about 10.30 p.m. on the previous day, an information was received in respect of the occurrence and the same was entered in the General Diary. It was also stated by PW60 in cross-examination that while he was proceeding to the scene of occurrence on receiving the information, PW66, the Circle Inspector of Police, Kuttyadi informed PW60 that he has already sent another Police Officer namely, Vijayan to the scene of occurrence and directed PW60 to patrol the road between Purameri and Vettummal. In re- examination, it was clarified by PW60 that the information received at 10.30 p.m. on the previous day in the police station was that there was some scuffle near Vellur. It was also clarified by PW60 that he was on patrol duty between Purameri and Vettummal till 6.00 a.m. on the following day.