MOTTENTAKATH PUTHIYA PURAYIL MOIDEENKUTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused 1 to 9 in CC No.1534/1997 on the file of the Judicial First Class Magistrate Court, Thaliparamba. The offences alleged against the accused are punishable under Sections 143, 147, 148, 447, 324 and 326 r/w Section 149 of the Indian Penal Code.

(2.) By the judgment dated 20.10.2012, the learned Judicial First Class Magistrate, Thaliparamba convicted A1 to A9 under various counts including simple imprisonment for one year for the offence punishable under Section 326 r/w Section 149 of IPC. Feeling aggrieved, accused 1 to 9 preferred Crl.Appeal No.638/2004 before the Court of Session, Thalassery. By the Judgment dated 07.02.2013, the learned Additional Sessions Judge, Thalassery confirmed the conviction passed on the accused. While confirming the conviction passed on the accused, the learned Additional Sessions Judge modified the sentence of imprisonment passed on A2, A5, A6 and A7 as fine only for the reason that A2, A5, A6 and A7 passed away during the pendency of appeal. The sentence of imprisonment and fine passed against the other accused were confirmed.

(3.) The prosecution case in brief is that, on 25.09.1996 at about 6.15 p.m, the accused 1 to 9 formed themselves into an unlawful assembly, armed with deadly weapons for the purpose of rioting and in prosecution of their common object criminally trespassed into the yard of the house of PW1 at Kuttikkal in Anthoor Desom and voluntarily caused hurt to PWs 1 to 4 with iron rod and wooden sticks and as a result of which PW1 sustained fracture along with other injuries and PWs 2 to 4 sustained simple injuries.