SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are accused Nos.1, 2 and 7 in C.C. No.412/2000 on the file of the Judicial First Class Magistrate Court, Nadapuram. They were prosecuted along with five other accused for the offences punishable under Sections 143, 147, 148, 324 r/w. Section 149 IPC. By Judgment dated 02.04.2005, the learned Judicial First Class Magistrate, Nadapuram convicted and sentenced accused Nos.1 to 7 to undergo rigorous imprisonment for three months each under Section 143 r/w.149 IPC, rigorous imprisonment for six months each under section 147 r/w.149 IPC, rigorous imprisonment for one year each under section 148 r/w.149 IPC and rigorous imprisonment for two years each and fine of Rs.5000/- each under section 324 r/w.149 IPC and in default to under go simple imprisonment for three months each. The sentences were ordered to run concurrently.

(2.) Accused Nos.1 to 7 preferred Crl.Appeal No.346/2005 before the Additional Sessions Court, Vadakara. The learned Additional Sessions Judge allowed the appeal in part. Accordingly, the conviction and sentence against all the accused under sections 143, 147 and 148 IPC were set aside and they were acquitted for the said offences. Further, accused Nos.3 to 6 were found not guilty for the offence punishable under Section 324 r/w.Section 149 IPC. Hence, the conviction and sentence against accused Nos.3 to 6 under section 324 r/w.149 were set aside and they were acquitted accordingly. The conviction and sentence against accused Nos.1, 2 and 7, who are the revision petitioners herein were confirmed subject to the modification that the conviction is made with the aid of Section 34 of IPC and subject to the reduction in jail sentence and also with a direction to pay compensation to the injured. Accordingly, the jail term imposed by the trial court under section 324 r/w.Section 34 IPC against accused Nos.1, 2 and 7 were reduced to rigorous imprisonment for three months and the fine sentence of Rs.5000/- was maintained. Feeling aggrieved, accused Nos.1, 2 and 7 preferred this revision.

(3.) Prosecution case in brief is that, on 16.04.2000 at about 07.30 pm, all the accused formed themselves into an unlawful assembly, armed with deadly weapons for the purpose of rioting and in prosecution of their common object, all the accused reached the R.S.S.Sakha at Perumundasserry with dangerous weapons and inflicted injuries on PW2, PW3, PW5 PW9 and PW10 and thereby committed the aforesaid offences.