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10. PW2 is Akhil who was present at the scene with Shibin and others when accused 5 and 6 passed through that place by the motor cycle to the house of the first accused. The version of PW2 as regards the occurrence is that some time after the first verbal altercation, accused 5 and 6 came back in two different motor cycles and started picking up a quarrel with Shibin and others for having cautioned accused 5 and 6 to ride their motor cycles without scattering dust: that they also responded to accused 5 and 6 in the same manner and it was in the meanwhile that accused 2, 4, 7, 8, 16 and the Juvenile came there and supported accused 5 and 6. According to PW2, when accused 2, 4, 7, 8, 16 and the Juvenile supported accused 5 and 6, there occurred a commotion and on hearing the noise, PWs 5 to 7 and few others came there, pacified and separated them to the two sides of the road, the accused to the western side and Shibin and others to the eastern side. It was deposed by PW2 that accused 1, 3 and 15 then came there in a black scooter ridden by the fifteenth accused with Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 weapons and handed over the weapons to the accused who were present there and gave some instructions. It was the version of PW2 that thereupon accused 1 to 8, 15 and 16 rushed towards PW2 and others exhorting "ക ലട ബ ബ തക ർ അല ഹ അക ർ" and attacked them. It was also deposed by PW2 that PWs 5 and 6 were standing then in between the groups to separate them and that the third accused started the attack by hitting on the face of PW6 and also on his left hand with a torch. When PW6 fell down near the house of Anilkumar, the sixteenth accused beat PW5 on his head with an iron rod. PW5 also fell down on account of the attack. The first accused then hacked on the chest of Shibin, and when he fell down on his chest, the second accused knelt down and hacked him with a sword on his back. When PW2 along with PW4 attempted to prevent further attack on Shibin, the third accused hacked with an axe on the neck of PW2 which when prevented by PW2, fell on the left side of his face. It was deposed by PW2 that since his left mandible was fractured on account of the hacking, he had to sit down on the road. PW2 identified accused 1 to 8, 15 and 16 in court. PW2 also identified the motor cycles in which Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 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. PW2 also identified MO1 as the axe used by the first accused, MO2 as the sword used by the second accused, MO7 as the axe used by the third accused, MO9 as the iron rod used by the sixteenth accused to attack him and others and MO10 torch used by the third accused to attack PW6. It was deposed by PW2 that the accused left the scene when the people in the locality rushed to that place. It was also deposed by PW2 that he was taken thereafter to the Co-operative Hospital, Vatakara in an auto-rickshaw and from there to the Medical College Hospital, Kozhikode. PW2 also deposed that the accused are Muslim League Activists residing in the locality and he had previous acquaintance with all of them. In cross-examination, PW2 admitted that he is an activist of DYFI as also the political party CPM. It was also affirmed by PW2 that Shibin and Lineesh are also DYFI activists. It was clarified by PW2 that he does not remember who informed the doctor at the Medical College Hospital, Kozhikode as to how he suffered the injuries.

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.

12. PW4, Lineesh is another person who was present at the scene with PWs 2, 3 and Shibin when accused 5 and 6 passed through that place. PW4 is also an activist of the political party, CPM. PW4 also deposed as regards the background of the occurrence as deposed by PWs 2 and 3. As in the case of PWs 2 and 3, PW4 also deposed that he had previous acquaintance with accused 1 to 8, 15 and 16, and Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 identified all of them in court. PW4 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. As regards the occurrence, the version of PW4 was that the third accused gave a hit to PW6 with MO10 torch carried by him and the sixteenth accused gave a hit on the head of PW5 with MO9 iron rod. According to PW4, when PWs 5 and 6 fell down near the house of Anilkumar, the first accused hacked Shibin with MO1 axe and when Shibin fell down on his chest, the second accused hacked on the back of Shibin with MO2 sword. It was also deposed by PW4 that when he along with PW2 attempted to carry Shibin, the third accused hacked on the face of PW2 with MO7 axe and the fourth accused hacked on the right hand of PW4 with MO8 sword. It was also deposed by PW4 that the first accused then hacked on the back of PW4 with MO1 axe. It was further deposed by PW4 that it was thereafter, the second accused made PW3 bend down and the third accused hacked on the back of PW3 with an axe. The evidence given by PW4 as regards the persons and vehicles in which he was taken to the Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 hospital was consistent with the evidence tendered by PWs 2 and 3.

40. Coming to the evidence tendered by PW2, as Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 noted, what was testified by him was that the third accused started the attack by hitting on the face of PW6 and also on his left hand with MO10 torch; that when PW6 fell down, the sixteenth accused beat PW5 on his head with MO9 iron rod; that when PW5 fell down on account of the attack, the first accused hacked on the chest of Shibin with MO1 axe and that when he fell down, the second accused knelt down and hacked on the back of Shibin with MO2 sword. It was also deposed by PW2 that when he and PW4 attempted to prevent further attack on Shibin, the third accused hacked PW2 with MO7 axe on his neck which when prevented, the blow fell on the left side of his face. Even though PW2 did not give any evidence as regards the overt acts committed by the accused other than the accused referred to above, he gave evidence as to the presence of the remaining accused among accused 1 to 8, 15 and 16 at the scene. Coming to the evidence of PW3, as noticed, PW3 testified that he saw the first accused hacking on the chest of Shibin with MO1 axe and that the second accused hacking on his back with MO2 sword. According to PW3, the second accused then caught hold of the back of the neck of Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 PW3 and made him bend down and the third accused then hacked him with MO7 axe and also on the back of his hands. As in the case of PW2, even though PW3 did not depose as regards the manner in which the other injured persons sustained injuries, he identified accused 1 to 8, 15 and 16 as the assailants. The evidence tendered by PW4 as regards the occurrence was consistent with the evidence tendered by PWs 2 and 3. In addition, PW4 deposed that while he along with PW2 attempted to carry Shibin, the third accused hacked on the face of PW2 with MO7 axe and the fourth accused hacked on his right hand with MO8 sword and the first accused hacked on his back with MO1 axe. PW4 also identified accused 1 to 8, 15 and 16 as the assailants. Coming to the evidence tendered by PW5, he also gave evidence consistent with the evidence tendered by PWs 2 to 4. In addition, PW5 deposed that when he along with PWs 6 and 7 attempted to separate and pacify the fighting groups after accused 1, 3 and 15 gave weapons to the group of the accused, the sixteenth accused gave a blow on the head of PW5 with MO9 iron rod. PW5 also identified accused 1 to 8, 15 and 16 as the accused. Coming to the Crl.A.No.988 of 2016 & con. cases 2024:KER:73335 evidence of PW6, as in the case of the aforesaid witnesses, PW6 also gave evidence consistent with the evidence tendered by PWs 2 to 5. In addition, PW6 deposed that the third accused started the attack by hitting on his face with MO10 torch and he fell down on account of the impact of the said hit. Coming to the evidence of PW7, as in the case of other witnesses, he also gave evidence consistent with the evidence tendered by PWs 2 to 6. In addition, PW7 deposed that after being hacked by the first accused, the latter gave a blow on the back of PW7 with the blunt side of MO1 axe and when PW7 questioned the first accused as to the reason for hitting him, the fifteenth accused snatched MO3 knife from the fifth accused and hacked on the back of PW7. Unlike PWs 2 to 7, PW8 is not an injured witness. It has come out that he reached the scene of occurrence immediately after PW1 reached there and PW8 gave evidence consistent with the evidence tendered by PWs 1 to 7 as regards the occurrence that took place thereafter.