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16. Now we come to the second part of the incident which occurred before the Halwa shop in the festival ground on the same night. Undisputedly there was a festival on the subject day which had a ritualistic procession in the afternoon and various stage programmes (Ext.P11 series of notices) in the evening. The locals had gathered at the temple ground for the festivities and to watch the programmes. PW1, the maker of the FIS was standing at the rear of the crowd, when the deceased (Shameer) and PW2 came by and Shameer wished him 'Hello'. Later, Shameer moved away with PW2 and came back and sat Crl.A Nos.929/2016 & 1082/2016 along with PW2, PW3, Sunil and Sreejith. Shameer then wanted to have a pan for which he went in search of a pan shop accompanied by PW3. The other friends were sitting at the rear watching the programme when, according to the FIS and PW1, PW3 came running back and told them that Shameer was hacked; which statement was corroborated by PW2 and PW3. PW3 deposed that when they were going in search of the pan shop, the accused came to them with weapons and having encircled Shameer; A2 (since dead) brought out a chopper, which he was hiding at the back under his shirt and slashed at Shameer wounding him below the left elbow. A1, with a sword hacked at Shameer and missed, the sword bouncing off a table (MO16), kept at the Halwa Shop.

17. PW2 and PW3 deposed that when PW3 came running he was shouting that 'Unni (A1) hacked Shameer'. In cross- examination PW2 was recorded as having omitted to say that, PW3 spoke the name of A1, to the police in his prior statements. D2 and D2(a) contradictions marked on behalf of the defence, while PW3 was cross examined, also clearly indicate that PW3 only said that, Shameer was Crl.A Nos.929/2016 & 1082/2016 hacked; to the Police. The I.O proved the statement as recorded under Section 161 and PW1's deposition also is only to this end. Despite our disbelieving that PW2 specifically spoke of the person who hacked Shameer, the fact remains that there was such an incident which occurred at the Halwa Stall, which was witnessed by PW3. That Shameer came to the festival grounds along with PW2, PW3, Sunil and Sreejith and met PW1 is established by the evidence of PW1 to PW3. The said witnesses also speak of Shameer having moved away from the place for the second time, accompanied by PW3. That some people followed Shameer when he moved away from the rear of the audience, is stated by PW1. PW1 speaks of 20 persons having followed Shameer, but does not say that they carried weapons, which is very unlikely considering the large gathering of people on the festival grounds. PW3 spoke of A2 having taken out a weapon, hid behind his back, to hack Shameer, wounding him and soon after A1 having similarly attacked Shameer which stood deflected. The presence of A1 and A2 along with others, as spoken of by PW3 can be believed and we find no reason to discard the Crl.A Nos.929/2016 & 1082/2016 testimony of PW3 regarding the second incident which happened before the Halwa shop. Pertinently PW3 spoke of the cut delivered by A2 having caused an injury on the left arm of Shameer, below the elbow. Injury No.27 in Ext.P38 post-mortem examination report is extracted hereunder:

21. PW23 is the star eye-witness of the prosecution, who saw the entire incident in the property of PW12. He had come to the festival grounds to see the stage programmes along with his four year old daughter. At around 10'O clock his daughter fell asleep. His wife was in his sister's residence, which was towards the west of the Palakkal Bhagavathy Temple. When his daughter fell asleep, he left for his sister's residence, with his daughter sleeping on his shoulders, to leave her with his wife. He was proceeding through the southern boundary of the pond, which was to the west of the Palakkal Bhagavathy Temple. He heard somebody say in the vernacular, 'here he is'. He also heard foot falls from the northern side of PW12's property. There was a pathway at an incline, to reach PW12's property. He stepped on to a mud ridge and looked towards PW12's house. He saw Shameer being dragged from the side of the bathroom to the northern side of the property. He identified the 12 accused and spoke of the attack on Shameer. Three of the accused hacked Shameer on his head, neck and torso, while Crl.A Nos.929/2016 & 1082/2016 five hacked him on the legs and four on both his hands. He heard PW12 imploring the assailants not to do anything. PW12 opened the back door and came out. When the assailants looked around, PW23 too looked all around, to see PW24 and Vijayan hiding and watching the incident. PW24 and his friend went towards the east while the assailants went towards the west. PW23 went home and put the child on a cot and later went in the direction of the nursery near the temple. He saw PW24 and Vijayan and he told them that he had seen the attack and that he saw both of them witnessing it from their hiding place. He identified all the accused as also the witnesses. He identified the dress worn by the accused at the time of the attack. PW23 did not say anything to his wife and sister and he admitted that he was frightened and did not do anything to save Shameer. He also approached the Police after two days. The narration of PW24 regarding the last incident, in which Shameer was killed, tallied with that of PW23.

35. PW1 in the FIS itself stated about the presence of PW3 along with Shameer and the information passed on by PW3 about the attack on Shameer by a group of people. PW3 specifically spoke of the overt act of A2 and the presence of A1 and A3 to A9. PW1 and the others Crl.A Nos.929/2016 & 1082/2016 who were sitting in the rear of the audience went in search of Shameer and they were told that he had run away towards the east. The conspiracy stands proved by the action of the accused in having followed the victim, in the festival grounds and attacked him. When the victim ran away they chased him and dragged him out of his hiding place and killed him. When the friends of the victim were searching for Shameer, they came across PW5 who told them about some people having hacked a person in PW12's property. PW1 and others proceeded to PW12's property where they saw Shameer; brutally and mercilessly hacked all over his body. They took him to the Hospital, with the help of S.I of Police (PW48), where he was brought dead.