CHANDRASEKHARA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These Criminal Revision Petitions are directed against the judgment of the Sessions Court, Kollam in Crl.Appeal No.207 of 2004 dated 29.08.2006, whereby the learned Sessions Judge upheld the conviction of the revision petitioners and modified the sentence imposed by the trial court in CC No.537 of 1998 dated 04.06.2004. The offences alleged against the accused 1 to 7 are punishable under Sections 143, 147, 148, 326 r/w 149 of the Indian Penal Code.

(2.) By judgment dated 04.06.2004, the learned Magistrate found the accused 1 to 5 guilty under Sections 143, 147 , 148 , 326 r/w 149 of the IPC and accordingly they were convicted under various spells including simple imprisonment for one year each for the offence under Section 326 of the IPC. However, accused 6 and 7 were found not guilty and accordingly they were acquitted. Challenging the conviction and sentence the accused 1 to 5 preferred Crl.Appeal No.207/2004 before the Learned Sessions Judge, Kollam. While upholding the conviction of the accused 1 to 5, the sentence imposed by the trial court was modified to simple imprisonment for one month for the offence punishable under Section 143 of the IPC, simple imprisonment for one month for the offence punishable under Section 147 of the IPC, simple imprisonment for one moth for the offence punishable under Section 148 of the IPC and simple imprisonment for one month for the offence punishable under Section 324 of the IPC and to pay a fine of Rs.3,000/- for the offence punishable under Section 324 r/w 149 of the IPC . Challening the aforesaid judgment, the accused 1 to 3 and 5 preferred Crl.R.P.No.4043 of 2006, whereas the 4 th accused preferred Crl.R.P.No.3976 of 2006 before this Court.

(3.) The prosecution case in brief is as hereunder: on 13.11.1996 at about 7.45 p.m, all the accused formed themselves into an unlawful assembly, armed with deadly weapons for the purpose of rioting and in prosecution of their common object voluntarily caused hurt and grievous hurt to PW1 on the road infront of Thamarakkandi Ayurveda Hospital in Mylam Village.