STATE OF KERALA Vs. SASIKUMAR

JUDGEMENT

(1.) The above two Crl.Appeal Nos.1344 of 2004 and 1352 of 2007 and Crl.R.P.No.2068 of 2004 are filed challenging the judgment dated 30.4.2004 in C.C.No.524 of 1995 of the Judicial First Class Magistrate Court, Kattakada. Crl.Appeal No.1352 of 2007 was filed by the first accused in C.C.No.524 of 1995 of the Judicial First Class Magistrate Court, Kattakada, challenging his conviction and sentence imposed by the trial court. Crl.Appeal No.1344 of 2004 was filed by the State challenging the acquittal of accused Nos.2 to 6 and also challenging the inadequacy of the sentence imposed on the 1st accused. The revision is filed by the defacto complainant in the above case. Since the appeals and revision are filed against the same judgment, these three cases are disposed of together.

(2.) The Circle Inspector of Police, Kattakada Police Station filed charge sheet against six accused alleging offences punishable under Sections 143 , 147 , 149 , 447 , 427 and 506(i) IPC. The trial court acquitted accused Nos.2 to 6. The first accused was convicted under Sections 447 and 427 IPC. The learned counsel for the revision petitioner in Crl.R.P.No.2068 of 2004 submitted that the defacto complainant is no more, and he died in 2010 (Hereinafter the parties are mentioned in accordance to their rank before the trial court).

(3.) The prosecution case is that on 29.7.1994, at 11.45 P.M., the accused persons, six in number, formed themselves into an unlawful assembly with deadly weapons and in the prosecution of their object trespassed into the property of the defacto complainant and committed mischief. It is also alleged that the accused criminally intimidated the defacto complainant and others. Hence it is alleged that the accused committed the offence.