M ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioners who are the accused Nos.1 to 4 in C.C. No.880/2004 on the file of the J.F.C.M, Vatakara for offences punishable under Sections 143,147,148,323 and 324 read with 149 IPC, challenge the conviction entered and the sentence passed against them.

(2.) THE case of the prosecution can be summarised as follows: On 13.12.2003 at 8 p.m, while PW1 was walking along the Bank road at Mantharathur Amsom, the accused persons formed themselves into an unlawful assembly and committed rioting armed with iron rod and restrained PW1 on the public road. A1 and A3 beat him using iron rod and others beat him with bare hands and kicked him causing hurt on his forehead and other parts of the body.

(3.) THE learned Magistrate, after trial, as per judgment dated 28.06.2007 found the revision petitioners guilty of the offences punishable under Sections 143,147,148,323 and 324 read with 149 IPC. and sentenced accused Nos.1 and 4 to undergo simple imprisonment for two months for offence under Section 143 IPC , simple imprisonment for three months for offence under Section 147 IPC, simple imprisonment for six months each for offence under Section 148 IPC and 324 read with 149 IPC and to pay a fine of `200/- each for offence punishable under Section 324 IPC. Accused Nos.2 and 3 were sentenced to undergo simple imprisonment for two months each for offence under Section 143 IPC and three months simple imprisonment each for offence under Section 147 IPC and simple imprisonment for four months for offence under Section 323 read with 149 IPC and also to pay a fine of `1,000/- each for offence punishable under Section 323 IPC. Out of the fine amount recovered, half of the same was directed to be given to PW1 under Section 357(1)(b) Cr.P.C and on default to pay the fine to suffer simple imprisonment for two months. On appeal preferred by the revision petitioners before the Addl. Sessions Court, Vadakara, the lower appellate court as per judgment dated 6.11.2010 confirmed the conviction entered and the sentence passed against the revision petitioners. Hence, this Revision.