IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 CRL.A.No. 362 of 2007() ----------------------- SC.649/2006 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR .................... APPELLANT(S): ACCUSED --------------------- 1. GOLDEN SATHEESAN @ SATHEESAN, S/O.VASUDEVAN, THEKKINIYEDATH HOUSE, KOORIKUZHI, KAIPAMANGALAM. 2. RAMESH, S/O.VASUDEVAN, THEKKINIYEDATH HOUSE, KOORIKUZHI, KAIPAMANGALAM. 3. SUDEEP, S/O.CHANDRAN, PALLATH HOUSE, KOORIKUZHI, KAIPAMANGALAM. 4. SUJITH, S/O.CHANDRAN, PALLATH HOUSE, KOORIKUZHI, KAIPAMANGALAM. 5. JOSHY, S/O.DHARMAN, KAVUNGAL HOUSE, KOORIKUZHI, KAIPAMANGALAM. 6. BHASKARAN, S/O.DHARMAN, KAVUNGAL HOUSE, KOORIKUZHI, KAIPAMANGALAM. 7. JOY @ BIJOY, S/O.PHALGUNAN, KAVUNGAL HOUSE, KOORIKUZHI, KAIPAMANGALAM. 8. BLACK SHAJI @ SHAJI, S/O.CHANDRAN, KAITHAVALAPPIL HOUSE, CRL.A.No. 362 of 2007() -:2:- KOORIKUZHI, KAIPAMANGALAM. 9. SOORYANKUTTAN @ SATHYAN, S/O.KESAVAN, KOZHIPARAMBIL HOUSE, KOORIKUZHI, KAIPAMANGALAM. 10. PANCHABI SATHYAN @ SATHYAN, S/O.SREEDHARAN, KOZHISSERY HOUSE, KOORIKUZHI, KAIPAMANGALAM. 11. PAZHACHAKKA SIVAN @ SIVAKUMAR, S/O.VASU, KOCHIKKATT HOUSE, KOORIKUZHI, KAIPAMANGALAM. 12. KUTTAPPAN DADA @ KISHORE, S/O.VELAYUDHAN, ARAVEETTIL HOUSE, KOORIKUZHI, KAIPAMANGALAM. 13. MANOJ, S/O.NALAN, KOZHISSERY HOUSE, KOORIKUZHI, KAIPAMANGALAM. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ SRI.JOY C. PAUL SRI.K.RAINGE RESPONDENT(S): COMPLAINANT-STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 4-08- 2011, THE COURT ON 04/08/2011 DELIVERED THE FOLLOWING: V. RAMKUMAR & P.Q. BARKATH ALI, JJ. ........................................................ Crl. Appeal No. 362 of 2007 ......................................................... Dated: 04-08-2011 JUDGMENT V.Ramkumar,J. In this appeal filed under section 374(2) Cr.P.C. accused 1 to 13 in S.C. No.649 of 2006 on the file of the Addl. Sessions Court (Fast Track Court No.II – Adhoc), Thrissur, challenge the conviction entered and the sentence passed against them for offences punishable under sections 147, 148, 447, 302, 307 and 326 read with section 149 IPC. PROSECUTION CASE 2. The case of the prosecution can be summarized as follows:- On 19-6-2006 at 3.30 p.m. Aneesh (deceased in this case), PW2 (Subeesh @ Subin) and PW4 (Suman @ Sumesh) had assaulted one Pandhalam Prasad from the vicinity of Azhekode Jetty, resulting in the said Prasad lodging a complaint before the Kodungallur Police which registered a case against deceased Crl. Appeal No. 362 of 2007 -:2:- Aneesh and others. In retaliation to that occurrence, accused Nos. 1 to 14 formed themselves into an unlawfully and in prosecution of the common object of the said unlawful assembly they committed rioting armed with deadly weapons such as swords, iron pipes etc. After trespassing into the courtyard of the uninhibited building belonging to PW5 ( Subramanian), the father of Aneesh situated about 200 metres to the west of Chamakala – Asarikayattam public road in Kaipamangalam Village where Aneesh and PW2 were sleeping, the accused at about 12.30 mindnight on the aforesaid date assaulted Aneesh and PW2 with deadly weapons like swords, iron pipes etc. Aneesh died on the spot and PW2 sustained serious injuries. PW1, the brother of the deceased, was informed about this at about 6 a.m. on 20-6-2006 by PW4 (Suman) and PW2 was taken to Al-Iqbal Hospital, Chenthrapinny. PW1 proceeded to the Mathilakam Police Station and gave Ext.P1 F.I. Statement at 8.15 a.m. The accused who voluntarily caused the death of Aneesh and attacked PW2 with deadly weapons in prosecution of the common object of the aforesaid unlawful assembly have thereby committed offences punishable under sections 143, 147, 148, 324, 448, 307 and 302 read with section 149 IPC and section 27 of the Arms Act, 1959. Crl. Appeal No. 362 of 2007 -:3:- THE TRIAL 3. Accused Nos. 1 to 13 (the appellants herein) alone faced trial before the court below. Accused No.14 was absconding. On accused Nos.1 to 13 pleading not guilty to the charge framed against them by the court below for offences punishable under sections 143, 147, 148, 448, 326, 307 and 302 read with section 149 IPC and section 27 of the Arms Act, 1959, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 26 witnesses as PWs.1 to 26 and got marked 81 documents as Exts.P1 to P81 and 45 material objects as MOs.1 to 45. 4. After the close of the prosecution evidence, the accused were questioned under section 313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. The first accused further stated as follows:- For the past five or six years deceased Aneesh (PW1) and about 30 other youngsters have been continuously assaulting people in that locality and committing murders and other atrocities, including extortion, robbery and eve-teasing of young girls. Crl. Appeal No. 362 of 2007 -:4:- There were about 60 cases against them within a radius of 30 – 35 kms. The police officials, including higher-ups were hand-in-glove with those goondas. They had even provided a car to the C.I. of Police. When the law and order situation in that area had been under constant threat, youngsters in that area along with politicians had submitted a mass petition to the D.I.G. of Police. Since no tangible results were forthcoming, an all-party meeting was convened in which Mohammadali, Panchayat President, Prathapan, M.L.A., Sureshkumar, C.I. of Police, Raveendran, S.I. of Police, and certain office-bearers of the Communist, Congress and B.J.P. parties and district-level leaders of P.D.P. took part. About 1500 mothers and youngsters, including children, had also taken part in the meeting. Among the 350 youngsters these accused also actively participated in the said meeting. After the murder of Aneesh even though the police had arrested them, the police were convinced that these accused have no role in the occurrence. In spite of that, on the 21st they were arrested from their houses and assaulted. Their plea of innocence was not heeded to by the police. The C.I. of Police, Valakam Crl. Appeal No. 362 of 2007 -:5:- got them under illegal custody for seven days during which period they were allowed to wear only an underwear and they were tortured while in custody. The Circle Inspector was expressing his helplessness due to the pressure from the higher ups. PW1 was financing the whole operation by utilizing goondas at his command. The police were siding them. He was falsely implicated in this case, as in the case of the 13 other accused in this case. 5. The other accused also towed the line of the 1st accused. 6. Since this was not a case of no evidence for the prosecution within the meaning of section 232 Cr.P.C., the learned Judge did not record an order of acquittal at that stage. The accused were, therefore, called upon to enter on their defence and to adduce any evidence which they might have in support thereof. They examined one Paulson as DW1 who is the Standing Committee Chairman of the Kaipamangalam Panchayat. He was cited for proving the agitation by the locals against the goondaism which was rampantly threatening them. The accused also got marked Exts. D1 to D14. 7. The learned Addl. Sessions Judge after trial, as per Crl. Appeal No. 362 of 2007 -:6:- judgment dated 2-2-2007 found the appellants guilty of offences punishable under sections 147, 148, 447, 302, 307 and 326 read with section 149 IPC. Each of the appellants was sentenced to undergo imprisonment for life and to pay fine of Rs.5,000/- and on default of payment of the fine, to undergo rigorous imprisonment for six months under section 302 IPC. For the conviction under section 307 IPC, each of the appellants was sentenced to rigorous imprisonment for eight years and to pay fine of Rs.5,000/- and on default of payment of the fine, to undergo rigorous imprisonment for six months. For the conviction under section 326 IPC, each of the appellants was sentenced to rigorous imprisonment for seven years. Accused Nos. 1 to 7, 11 and 13 who were armed with deadly weapons were sentenced to undergo rigorous imprisonment for two years each under section 148 IPC. Accused Nos. 8 to 10 and 12 were sentenced to undergo rigorous imprisonment for one year each under section section 147 IPC. Each of the appellants was sentenced to undergo rigorous imprisonment for two months under section 447 IPC. No specific finding was recorded with regard to the charge for the offence punishable under Section 27 of the Arms Act, 1959. Set off was allowed to each of the accused under section 433 Cr.P. It is the said judgment which is assailed in this appeal by accused 1 to 13. Crl. Appeal No. 362 of 2007 -:7:- THIS APPEAL 8. We heard Senior Adv. Sri. P.Vijaya Bhanu and Adv.Sri.Rainge, the learned counsel appearing for the appellants, and Advocate Sri M.S.Breeze, the learned Public Prosecutor, representing the State. 9. The following points arise for consideration in this appeal:- 1) Whether the conviction entered and sentence passed against the appellants under sections 447, 326, 307 and 302 read with section 149 IPC are sustainable? 2) Whether the conviction entered and sentence passed against accused Nos. 1, 7, 11 and 13 for the offence punishable under section 148 IPC are sustainable? 3) Whether the conviction entered and sentence passed against accused Nos. 8, 9, 10 and 12 for the offence punishable under section 147 IPC, are sustainable? 4) Whether the prosecution established that all or any of the appellants committed any of the offences charged against them? Crl. Appeal No. 362 of 2007 -:8:- Points 1 to 4:- For the sake of convenience all these points can be considered together. PROSECUTION WITNESSES 10. A. PW1(Shijil) is the elder brother of deceased Aneesh. He is not an occurrence witness. On coming to know of the occurrence in the morning of 20-6- 2006, he proceeded to Mathilakam Police Station and gave Ext.P1 F.I. Statement to PW24 Sub Inspector of Police, Mathilakam who registered Ext.P24 F.I.R. for offences punishable under sections 143, 147, 148, 324, 448, 307 and 302 read with section 149 IPC. B PW2 (Subeesh @ Subin) is an occurrence witness who was also injured in the occurrence. He identified all the accused. He proved Ext.P2 F.I.R in Crime No.297/2006 of Kodungallur Police Station in which one Pandhalam Prasad was allegedly assaulted from the vicinity of the Azheekode Jetty. Ext.P3 is the F.I.Statement in the above case. PW2 also proved Ext.P4 case sheet pertaining to him which was issued from Al-Iqbal Hospital and Ext.P5 series of photographs of deceased Aneesh and their negative Crl. Appeal No. 362 of 2007 -:9:- Ext.P6 series. He identified MO10 sword as the one used by the 1st accused, MO11 sword as the one used by the 3rd accused, MO12 sword as the one used by the 6th accused, MO13 sword allegedly used by the 7th accused, MO14 iron pipe allegedly used by 4th accused, MO15 iron pipe allegedly used by the 2nd accused, MO16 iron pipe allegedly used by the 7th accused, MO17 iron pipe allegedly used by the the 13th accused and MO18 iron pipe allegedly used by the 11th accused. He also identified MO19 shirt and MO20 baniyan which he was wearing and MO21 torch which he was having. He also identified MOs.22, 23, 24 torches allegedly held by accused Nos.1, 3 and 5 respectively, MO25 raincoat said to have been worn by the 1st accused, MO26 dhoti worn by the 1st accused, MOs.27 and 28 shirt and dhoti worn by the 2nd accused, MOs.29 and 30 shirt and dhoti worn by the 3rd accused, MO31 dhoti worn by the 4th accused, MOs.32 and 33 lunki and shirt worn by the 12th accused, MO34 saffron dhoti and MO35 shirt worn by the 7th accused, MOs.36 and 37 shirt and dhoti worn by the 10th accused, MOs.38 and 39 dhoti and shirt worn by the 9th accused, MOs.40 and 41 saffron dhoti and shirt worn by the 6th accused, MO42 saffron dhoti worn by the 5th accused and MO43 T-shirt allegedly worn by the Crl. Appeal No. 362 of 2007 -:10:- 1st accused under MO25 raincoat. Exts.D3 and D4 are the case diary contradictions of PW2. He also mentioned the various parts of the body of the deceased where each of the assailants struck with each of the weapons. C. PW3 (Ganapathi @ Vijeesh) is yet another witness who claims to have seen the occurrence. He also identified MOs.8 and 9 dress worn by deceased Aneesh, MOs. 10 to 18 used by the accused, MOs.19 and 20 dress worn by PW2, MO21 torch held by PW2, MOs.22 to 24 torches held by accused Nos.1, 3 and 5 respectively and MO 25 raincoat worn by the 1st accused. Exts.D5 to D11 are his case diary contradictions. D. PW4 (Suman @ Sumesh) is the elder brother of PW2. Both PWs.2 and 4 are the sons of PW6. He resides at Koorikuzhi Panniampilly desom. He stated that all the accused are known to him. He identified MOs.19 and 20 shirt and baniyan of PW2 and MO21 torch of PW2. E. PW5 (Subramanian) is the father of PW1 and the deceased. Even though this witness stated that he can identify each and every accused, he did not in fact identify the accused standing in the dock. According to him, accused Crl. Appeal No. 362 of 2007 -:11:- Nos.5, 6, 9 and 10 got into his house and told him that the deceased, PW4 and PW2 had beaten Prasad at Azheekode. F. PW6 (Sugathan) is the father of PWs.2 and 4. He would say that on 19-6-2006 accused Nos. 5, 6, 7, 9, 10, 11, 13 and 14 got into his house and asked for the whereabouts of PWs.2 and 4. This witness also has not identified any of the accused standing in the dock. G. PW7 (Lonachan @ Praveen) would say that PW2 told him about the incident that at Azheekal one Prasad was beaten up. He was in the company of PWs. 1, 2, 4 and deceased in the evening of 19-6-2006. MO4 liquor bottle was marked through him and he identified the same as the bottle from which they consumed liquor. According to him, at about 9.30 p.m. on 19-6-2006 he had seen accused Nos.5 to 14 except 8th accused and thereafter he had gone home. H. PW8 (Anandan) is an attester to Ext.P7 inquest report dated 20-6-2006. I. PW9 (Shinod) is an attester to Ext.P8 scene mahazar dated 20-6-2006, as per which PW25, the Investigating Crl. Appeal No. 362 of 2007 -:12:- Officer, had seized one dagger, which was however, not produced before court by the prosecution. J. PW10 (Nizar) is a photographer at Chandrapinny. He proved Ext.P9 seizure mahazar dated 27-6-2006 for recovery of MOs.1 to 12 swords and MOs.14 and 17 iron pipes at the instance of the 1st accused. According to him, the 1st accused wanted a car on rent for his use on 18-6- 2006 and he had provided to the 1st accused a Maruthi Zen car bearing registration No.KL-8/AF 4453 belonging to one Hameed and on 20-6-2006 the 1st accused had returned the car which had an abrasion. 20. PW11 (Mohammedali) is an attester to Ext.P9 recovery mahazar dated 27-6-2006, as per which MOs.10 to 12 swords and MOs.14 and 17 iron pipes were recovered, pursuant to Ext.P9 (a) confession given by the 1st accused. The above weapons were seized and recovered from the pond attached to the Dharmasastha Temple, Koorikuzhi. L. PW12 (Joy) is an attester to Ext.P10 recovery mahazar dated 27-6-2006, as per which shirts, dhothies and Crl. Appeal No. 362 of 2007 -:13:- torch were seized by the Investigating Officer, pursuant to Ext.P10(a) confession by the 3rd accused. These material objects were not identified either by PW12 or by PW25. M. PW 13 (Jose) is an attester to Ext.P11 recovery mahazar dated 27-5-2006 under which 2 shirts, 2 dhotis, 1 T-shirt, 1 overcoat and 1 torch were seized from the house of the 1st accused pursuant to Ext.P11(a) confession by the 1st accused. These properties were not identified either by PW13 or by PW25. N. PW14 (Riyas) is an attester to Ext.P12 seizure mahazar dated 27-6-2006, as per which a Maruthi Zen car was produced by PW10 before the police. O. PW15 (Sajeevan) is an attestor to Ext.P13 seizure mahazar dated 29/06/2006 for the seizure of MO 13 sword and MO 16 and 18 iron pipes pursuant to Ext.P13(a) confession by A5. P. PW16 (Sakkeer) is an attestor to Ext.P14 recovery mahazar dated 29/06/2006 with regard to the seizure of MO 24 torch and other unidentified clothes allegedly worn by Crl. Appeal No. 362 of 2007 -:14:- A5, A6, A7, A9, A10 and A11 from the house of A5 pursuant to Ext.P14(a) confession by A5. Q. PW17 ( Falgunan) is an attestor to Ext.P16 seizure mahazar dated 5/8/2006 with regard to the seizure of the tempo trax jeep from the house of A5. This witness turned hostile to the prosecution. Ext.P15 is the signed copy of the summons marked for the purpose of proving his signature. R. PW18 ( Dr.Prasannan) was the Associate Professor of Forensic Science in the Medical College Hospital, Thrissur who conducted autopsy over the deadbody of Aneesh. He proved Ext.P18 postmortem certificate dated 20-06-2006 as per which Aneesh had 34 injuries. He opined that Aneesh died due to injury Nos. 7, 12, 13 and 15 which according to him are sufficient in the ordinary course of nature to cause death. PW 18 also proved Ext.P19 Chemical report as per which the deceased had 98 Mg. of Ethyl Alcohol per 100 Ml. of blood. S. PW19 ( Dr.Sajeev Bhaskaran) was the Orthopedic Surgeon in Al-Iqbal Hospital, Chenthrappinni. He proved Ext.P4 case sheet of PW2 and Ext.P20 wound certificate Crl. Appeal No. 362 of 2007 -:15:- dated 20/06/2006 pertaining to PW2. He had examined PW2 at 6.45 a.m. on 20/06/2006. Ext.P20 wound certificate does not mention the alleged cause which is mentioned in Ext.P4 case sheet wherein it is stated that he was assaulted by ten to fifteen persons with swords and such other weapons at Chamakkuzhi Chamakkala at 1:00 a.m. as told to the doctor by PW4, the brother of PW2. PW2 had the following injuries : 1. Lacerated wound over the posterior aspect of left leg 12 x 3 x 1 cm. over the middle of left leg. 2. Lacerated wound 10 x 2 x 1 cm. between the middle of left leg and ankle with 100% cut tendo achiless with fracture of tibia and fibula. 3. Lacerated wound 7 x 1 x 1 cm. medial aspect of the ankle extending to the medial foot of left leg. 4. Lacerated wound 11 x 3 x 1 cm. over middle of the leg. 5. Lacerated wound middle of left leg and ankle with tendo achiless 100 % cut with fracture of the fibula over right leg. 6. Lacerated wound on the medial aspect of the foot 5 x 1 x 1 cm.. 7. Lacerated wound 4 x 1 x 1 cm. over the right arm. Crl. Appeal No. 362 of 2007 -:16:- 8. Multiple contused abrasions. T. PW19 (Dr. Sajiv Bhaskaran) deposed before court that all the contusions could be caused by MOs 14, 17, 16, 18 and 15 and that if timely treatment was not given, he would have died, that the blood pressure of PW2 was low at the time of the examination possibly due to bleeding and that PW2 would have gone into shock. Ext.D14 is the case diary contradiction of the doctor. U. PW20 (Jameela) who is the Special Village Officer of Kaipamangalam village proved Ext.P21 scene plan as also Ext.P22 possession certificate showing that the owner of the house situated in the place of occurrence is PW5 who is the father of PW1 and the deceased. V. PW21 ( Satheesan) is the second attestor to Ext.P16 seizure mahazar dated 5/08/2006 pertaining to the seizure of the tempo trax jeep from the house of A5. He also turned hostile to the prosecution. W. PW22 ( Vakkachan) was the Head Constable in the office of the Circle Inspector of Police, Valappad. He is the attestor to Ext.P23 seizure mahazar dated 5/07/2006 Crl. Appeal No. 362 of 2007 -:17:- pertaining to the seizure of a bottle containing the viscera of Aneesh taken from PW18, the Autopsy Surgeon. X. PW 23 ( Sankarankutty) was the Police Constable in Mathilakam Police station. He had taken the corpse of Aneesh after the inquest to the Medical College Hosptial, Thrissur for autopsy and had later released the dead body to the relatives of the deceased. Y. PW24 ( Gopakumar) was the Sub Inspector of Police, Mathilakam who recorded Ext.P1 FI statement of PW1 and registered Ext.P24 FIR at 8.15 a.m. on 20/06/2006. The FIR reached the Magistrate at 2.10 p.m. on the same day. Thereafter, PW24 proceeded to guard the scene. Z. PW25 (Suresh Kumar) who was the Circle Inspector of Valappad conducted the entire investigation of this case. He proceeded to the scene of crime on 20/06/2006 and held inquest over the deadbody of Aneesh from 9.30 a.m. to 12.30 p.m. Ext.P7 is the inquest report to which PW8 is an attestor. MO 8 shirt, MO 9 Saffron lungi and MO 45 underwear found on the body of the deceased Crl. Appeal No. 362 of 2007 -:18:- were seized under Ext.P7. PW27 then proceeded to prepare the scene mahazar. Ext.P8 is the scene mahazar prepared at 1.15 p.m. on 20/06/2006. PW9 is an attestor to the same. MO 1 series of chappels, MO 2 series of chappels, MO 3 series of chappels, MO4 liquor bottle, MO5 series of empty bottles, MO6 glass tumbler and MO 7 mobile phone in addition to a dagger were seized under Ext.P8 scene mahazar. On 24.06.2006, PW25 went to Al-Iqbal Hospital and questioned PW2, who was undergoing treatment there. He seized MO 19 shirt, MO 20 Baniyan and MO 21 torch at 2.30 p.m. under Ext.P25 seizure mahazar. On 27/06/2006 at 12. 30 p.m., A1 to A4 and A8 were arrested from the vicinity of KSRTC bus stop, Guruvayoor. Exts.P26 to P35 are the memos in that connection. On 27/06/2006 at 2.30 p.m., pursuant to Ext.P9 confession given by A1, PW25 recovered MOs 10 to 12 swords and MO 14 and MO 17 iron rods from a pond near the Dharmasastha Temple, Kurikkuzhi. On the same day at 3.15 p.m. pursuant to Ext.P11(a) confession of A1, PW25 recovered two shirts, two lungis , one T-shirt, one overcoat and a torch from the house of A1 situated in Kaipamangalam Panchayat as per Ext.P11 recovery mahazar. These material objects were not identified either by PW25 or by PW13 who is an attestor to Crl. Appeal No. 362 of 2007 -:19:- Ext.P11. On 27/06/2006 at 3.45 p.m. pursuant to Ext.P10 (a) confession given by A3, PW25 recovered a shirt, a lungi, a torch and a dhoti as per Ext.P10 recovery mahazar to which PW12 is an attestor. This was from the house of A3. Here also, the material objects were not identified either by PW24 or by PW12. On 27/06/2006 at 5 p.m., PW10 ( Nizar) produced the Maruthi Zen car before PW25 who seized the same under Ext.P12 seizure mahazar. On 29/06/2006 at 2 p.m., PW25 arrested A5 to A7 and A9 to A11 from the vicinity of Chalakkudy Railway station. Exts.P38 to P49 are the memos in that connection. On 29/06/2006 at 4.30 p.m. pursuant to Ext.P13(a) confession made by A5, PW25 seized MO 13 sword, MO 16 and MO 18 iron pipes and MO 44 plastic sack from the coconut garden of one Preman. On 29/06/2006 at 5.15 p.m. pursuant to Ext.P14(a) confession of A5, PW25 recovered MO 24 torch and other unidentified clothes allegedly worn by A5, A6, A7 , A9, A10 and A11 from the house of A5 as per Ext.P14 recovery mahazar to which PW16 is an attestor. On 7/7/2006 at 8 a.m., PW25 arrested A12 from the vicinity of Kodungalloor temple compound. Exts.P52 and P53 are the arrest memo and remand report. Ext.P56 is the report regarding the address of the accused. PW25 then submitted the original of