GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners 1 to 5 are the accused 1 to 5 in S.C.No.77/1999 on the file of the Principal Assistant Sessions Court, Irinjalakuda and the appellants in Crl.Appeal No.470/2000 on the file of the third Additional Sessions Court, Thrissur. The offences alleged against the accused are under Sections 143, 147, 148, 324 and 307 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC ').

(2.) The prosecution case in brief is that on 27.8.1995 at 11.30 am., at the courtyard of the house of one Madhavan while PWs.1, 2 and 13, who were sympathizers of Communist Party of India (Marxist), were discussing together in connection with the ensuing Panchayat election in which PW13 was a candidate, due to political enmity, the accused 1 to 5 who were sympathizers of the Bharathiya Janatha Party formed themselves into an unlawful assembly armed with deadly weapons for the purpose of rioting and in prosecution of their common object caused a surprise attack on them and made an attempt to murder PW13. He had sustained severe injuries and thereby committed the offences punishable under Sections 143 , 147 , 148 , 324 and 307 read with Section 149 of the IPC.

(3.) During the trial of the case, PWs.1 to 16 were examined and marked Exts.P1 to P13 and MOs.1 to 6 on prosecution side. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of the Cr.P.C. They denied all the incriminating circumstances appearing in the evidence against them. When the accused were called upon to enter on their defence, no evidence was adduced. However, Ext.D1 contradiction was marked.