ASST.S.I.OF POLICE Vs. SAIDUMUHAMMED

JUDGEMENT

(1.) The appellant is the State challenging acquittal of some of the accused in C.C.No.39/2001 on the file of Judicial First Class Magistrate Court, Adimaly and also the quantum of sentence imposed on some of the accused who were found guilty of offences punishable under Sections 341 and 427 of Indian Penal Code(for short, ' IPC ')

(2.) The case was charge sheeted by PW5, Assistant Sub Inspector of Police, Admali on the allegation that all the accused 26 in number after having formed themselves into unlawful assembly on 10.03.2000 at 6 am came to the public road in N.H.49, Chattupara in front of the Eastern Condement Company, Adimaly armed with deadly weapons like sticks etc. and with the knowledge that each of them was member of unlawful assembly with the common object and wrongfully restrained the lorry bearing registration No.KL-6/7790 owned by the Eastern Condement Company and KL-1/1818 lorry owned by Pavalam Company and committed mischief by deflating 12 tyres of both the vehicles causing a loss of Rs.1,00,000/- to the companies and further abused and threatened PW3, the lorry driver of KL-6/7790 with death.

(3.) Upon the motion of PW3 who lodged Ext.P1 First Information Statement to PW4, Head Constable of Police, Adimaly, Ext.P2 crime was registered against all the accused persons for offences punishable under Sections 143 , 147 , 148 , 341 , 249(b) , 506(II) and 427 read with Section 149 of IPC and the case was investigated by PW5. Scene mahazar was prepared and witnesses were also questioned. After completing investigation, PW5 laid final report against all the accused.