T.KUNHAMMED HAJI Vs. SUB INSEPCTOR OF POLICE

JUDGEMENT

(1.) The revision petitioners are accused 1 to 3 in C.C.No.265/94 before the Judicial First Class Magistrate Court, Tirur. They were charged along with accused No.4 in Crime No.122/1993 of Kuttippuram Police Station. By judgment dated 31.12.1999 the learned Magistrate convicted the accused 1 to 3 for the offences under Sections 452 , 323 , 324 , 427 and 506(ii) of the Indian Penal Code (hereinafter referred to as 'the IPC '). Accordingly, they were sentenced to undergo rigorous imprisonment for one year each under Sections 452 and 506(ii) of the IPC respectively and to undergo rigorous imprisonment for six months each and to pay a fine of Rs.2,000/- each under Section 324 of the IPC, to pay a fine of Rs.500/- each under Sections 323 and 427 of the IPC. The default of fine would entail rigorous imprisonment for one month each under Sections 324 and 427 of the IPC respectively and 15 days each under Section 323 of the IPC. On Crl.Appeal No.20/2000 before the Sessions Court, Manjeri the learned Sessions Judge confirmed the conviction whereas the sentence of imprisonment was modified and reduced into simple imprisonment for three months each for the offences under Sections 452 and 506(ii) of the IPC respectively and simple imprisonment for one month each under Section 324 of the IPC. The sentence for the offences under Sections 323 and 427 of the IPC was not altered by the learned Sessions Judge.

(2.) The prosecution case in brief is that on 26.10.1993 at about 2'o clock in the night the accused 1 to 4 in furtherance of their common intention trespassed into the house of PWs.1 to 3 at Thangalpadi and assaulted PWs.1 to 3 with a stick and while so the 1 st and 2nd accused intimidated PW3 showing a sickle and using with the sickle the 1st accused voluntarily caused hurt to PW3 and also committed mischief to the tune of Rs.150/- and thereby committed the offences aforesaid.

(3.) During the trial of the case, PWs.1 to 11 were examined and marked Exts.P1 to P9 and MOs.1 to 7 on the side of the prosecution. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of the Cr.P.C. They denied having committed any offence. On the side of the defence, one witness was examined as DW1 and marked Ext.D1.