SHOUKKATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants, accused Nos:1, 2 and 4 in S.C. No. 376 of 2005 of the IIIrd Additional Sessions Court (Ad Hoc) Fast Track Court No.I, Thrissur, are in appeal against the conviction and sentence imposed by the trial court. The first appellant was convicted for the offence punishable under Section 326, the second appellant for the offence under Section 341 and the third appellant under Section 324 of the Indian Penal Code.

(2.) The prosecution allegations, based on which the appellants along with the absconding third accused, were charged, tried and convicted by the trial court are as under:

(3.) In order to prove its case, the prosecution examined PWs 1 to 6 and marked Exts.P1 to P6. The accused denied the incriminating circumstances put to them during their examination under Section 313 Cr.P.C, but no evidence, either oral or documentary, was tendered in their defence. The trial Court rejected the defence contention of the accused having been falsely implicated due to political enmity, as also the contention regarding the discrepancies in the oral testimony of the prosecution witnesses and the delay in dispatching the FIR to the jurisdictional Magistrate Court being indicative of a partisan investigation. The trial Court held that, the prosecution having succeeded in proving that PW4 had suffered injuries and it was the accused who had assaulted PW4 and that the First Information Statement had been recorded and the F.I.R registered without delay, the fact that the F.I.R reached the Magistrate Court about twenty four hours later was immaterial.