SHIJIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioners are the accused Nos.2,3 and 4 respectively in S.C.No.301/2003 on the file of the court of Additional Assistant Sessions Judge, Irinjalakuda. The case was initially registered against the revision petitioners and two others as Crime No.672/2001 of the Mathilakam Police Station for the offences punishable under Sections 143,147,148,341,324, 326,307 read with 149 of the Indian Penal Code , 1860 (for short 'the IPC ') and Section 27(2) of the Arms Act,1959 (for short 'the Act'). By judgment dated 10.3.2005, the learned Additional Assistant Sessions Judge convicted and sentenced the revision petitioners under various spells including Rigorous Imprisonment for 5 years each and a fine of Rs.5000/- each, in default to undergo Rigorous Imprisonment for one year more for the offence punishable under Section 326 read with Section 149 of the IPC. The above sentences were ordered to run concurrently.

(2.) Feeling aggrieved, the revision petitioners preferred Crl.A.No.194/2005 before the Sessions Court, Thrissur. By judgment dated 25.7.2007, the learned Additional Sessions Judge, Fast Track Court-II (ADHOC), Thrissur dismissed the appeal confirming the conviction and sentence imposed by the trial court. Thus, the accused 2 to 4 are before this Court in revision.

(3.) The prosecution case in brief is as hereinbelow:- On 9.12.2001 at 1.30 p.m., at Chamakkala bus stop in Edathirithy Village, all the accused, five in number, formed themselves into an unlawful assembly, armed with deadly weapons for the purpose of rioting and in prosecution of their common object assaulted CW1 and PW8. It is alleged that when the CW1 and PW8 arrived at the scene of occurrence on a motor bike bearing Regn.No.KL8M 4200, the fifth accused had given a signal to the other accused and all the other accused rushed to the place of occurrence and wrongfully restrained CW1 and PW8 . Thereafter, the second accused cut the right wrist of CW1 with a sword after which CW1 and PW8 fell down along with the motor bike. The first accused shouted to the others to kill PW8 and on hearing that, the accused Nos.2 and 3 inflicted cut injuries on his head and left shoulder with swords, as a result of which he sustained injuries and a fracture on the skull, left shoulder bone, neck and left ankle. All the other accused also had beaten PW8 all over his body.