SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants challenge their conviction and sentence imposed by the Additional Sessions Court(Adhoc-II), Ernakulam in SC No.110/2002 for offences punishable under sections 143 , 147 , 148 , 323 , 324 , 307 and 427 IPC

(2.) The prosecution allegation was that, due to the previous enmity which the accused maintained against PW3 to PW7, the accused, on 6/4/2001 at 11 pm formed into an unlawful assembly, armed with dangerous weapons and in furtherance of their common object to inflict bodily injuries, attacked some of the victims. While the injured were being removed to the hospital in a car, they wrongfully intercepted the car, damaged it, pulled out the travellers and inflicted further bodily injuries on several persons. The injured were rushed to the hospital. FIS was laid by PW1 on the night of 6/4/2001 at the hospital. Cr.39/2001 of Kannamally police station was registered by PW25. Investigation was conducted by PW28 and final report was laid. Accused faced the trial before the court below. On the side of the prosecution, PW1 to PW28 were examined and Exts.P1 to P43 were marked. MO1 to MO8 were identified. There was no evidence on the side of the accused. The court below on the basis of the evidence found all the accused guilty for offenses mentioned above. The conviction and sentence is under challenge in this appeal.

(3.) Heard the learned counsel for the appellants and the learned Public Prosecutor.