SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Criminal Appeal is filed against the conviction and sentence imposed by the Additional Sessions Judge (Adhoc- I), Ernakulam in S.C No.469/2006. The above case is chargesheeted by the Sub Inspector of Police, Binanipuram against the appellants and another alleging the offence punishable under Sections 452, 427, 308 and 506(ii) R/W 34 IPC . The appellants are the 1st and the 3rd accused. The 2nd accused is no more and his case was abated from the lower court itself.

(2.) The prosecution case is that on 7.3.2006 at 2.00 pm the accused in furtherance of their common intention to intimidate the shop owners, causing them bodily hurt and mischief, came in a motor cycle and trespassed on shop No.XI/231 named as Johnson Stationeries. The first accused with a chopper intimidated CW1 and other employees of the shop, causing fear of death and brandished the chopper, causing injury on his right elbow and thereby attempted to commit culpable homicide. The accused also caused damage to the motor cycle of CW1 and other articles in the shop causing a loss of Rs.3,000/-. The first accused then trespassed on the Koikkara Stores run by CW3, damaged an electronic balance and other articles causing a loss of Rs.20,000/-. The accused then caused mischief in the shop of CW2 causing damage to the vessels to the tune of Rs.1,500/-. Then the accused destroyed the fruits in the shop of CW4 causing loss of Rs.1,000/-. The first accused then entered the supermarket and damaged the coin phone and other articles, causing loss of Rs.6,000/-. The articles of Pollayil Stores run by CW6 were also damaged causing a loss of Rs.2,500/-. The accused then broke the front glass of the autorickshaw of CW7, causing loss of Rs.2,000/-. Thus according to the prosecution the total estimated loss sustained is Rs.36,000/-.

(3.) To substantiate the case, the prosecution examined PWs1 to PW17. Exts.P1 to P16 are the exhibits. MO1 is the material object marked. Exts.D1 to D4 are the defence documents. After going through the evidence and the documents, the trial court found that the accused has not committed any offence under Section 308 IPC. The lower court convicted the appellants under Sections 452 , 427 and 506(ii) IPC. The accused are sentenced to undergo simple imprisonment for two years and a fine of Rs.1,000/- each and in default of payment of fine to undergo simple imprisonment for one month each for the offence under Section 452 IPC. They are sentenced to undergo simple imprisonment for six months each for the offence under Section 427 IPC. The accused are sentenced to undergo simple imprisonment for two years each for the offence under Section 506(ii) IPC. There is a direction to run the sentence concurrently. Set off was also granted. Against the conviction and sentence imposed by the lower court, this Criminal Appeal is filed.