DILIP Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners were the 1st and 2nd accused in C.C No.584/2001 on the file of the Judicial First Class Magistrate Court, Thodupuzha and the appellants in Crl. Appeal No.121/2004 on the file of the Court of Session, Thodupuzha.

(2.) The offences alleged against the accused 1 and 2 were punishable under Sections 323 and 394 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the I.P.C '). The trial court by its judgment dated 31.03.2004 convicted and sentenced the accused to undergo rigorous imprisonment for two years and also to pay a fine of Rs.2,000/- each and in default of payment of fine to undergo rigorous imprisonment of three months each for the offence punishable under Section 394 of the I.P.C. No separate sentence was awarded for the offence under Section 323 of the I.P.C. Challenging the conviction and sentence, accused 1 and 2 preferred criminal appeal No.121/2004 before the Sessions Court, Thodupuzha. By its judgment dated 27.01.2005, the learned Sessions Judge dismissed the appeal confirming the conviction and sentence imposed by the trial court. Challenging the above conviction and sentence, this Criminal Revision Petition has been preferred.

(3.) PW9, the Sub Inspector of Police, Kaliyar Police Station in Crime No.178/2000 filed a final report against the accused 1 and 2 alleging offences under Sections 294 (b), 323 and 396 read with Section 34 of the I.P.C. The prosecution case in brief is that, on 01.11.2000 at 2.30 p.m, while PW1 was driving a car bearing Registration No.KL A 8344 from Guruvayoor to Vannappuram with PWs.2, 3, 7 and others are passengers, at Odiyapara near Vannappuram, the accused 1 and 2 blocked the road and caused the car abruptly stopped. It was alleged that the 1 st accused in furtherance of his common intention with the 2nd accused caught hold of the chain owned by PW2 to snatch away the same. On seeing this, PW1 alighted from the car and obstructed the act of the accused 1 and 2. According to the prosecution case, in the incident that followed, there was a scuffle with the accused 1 and 2 and PW1 and as a result of which PW1 sustained injuries. Thereafter, PW1 and the 2 nd accused fell inside a cow dung pit in a nearby property owned by one Mathai. The incident was reported to the Police within half an hour of the incident and the police recorded Ext.P1 First Information Statement of PW1. After recording Ext.P1 First Information Statement, PW8 the Head Constable attached to the Kaliyar Police Station registered Ext.P2 First Information Report against the accused 1 and 2 for the abovesaid offences. PW9 conducted investigation questioned the witnesses prepared Ext.P3 mahazar and filed final report before court.