ASHIK HUSSAINE Vs. STATE OF KERALA

JUDGEMENT

(1.) The first revision petitioner was the 2nd accused in S.C. No.321/98 and the 2nd revision petitioner was the accused in S.C.No.126/00 on the file of the Assistance Sessions Court, Kottrakkara. The above two cases arose from one final report filed by the Circle Inspector of Police, Anchal, against accused 5 in number for having committed offences punishable under Sections 143, 147, 148, 341, 324, 326, 307 r/w 149 of the IPC .

(2.) When the case was committed to the Court of sessions, accused No.3, who is the 2nd revision petitioner herein was an absconder. Therefore, the case against accused Nos. 1,2,4 and 5 alone was committed and the same was numbered as S.C.No.321/1998. Subsequently, the case against accused No.3 was also committed and the same was numbered as S.C.No.126/00. As per the orders of the learned Sessions Judge, Kollam, both the cases were made over to the Assistance Sessions Court, Kottarakkara, for trail and disposal. During the pendency of the proceeding, both the cases were ordered to be tried jointly as per the order in Crl.M.P.No.552/01.

(3.) The prosecution case in brief is that on 26.02.1997 at about 7.p.m., all the accused, out of previous enmity, formed themselves into an unlawful assembly armed with deadly weapons for the purpose of rioting and in prosecution of their common object, inflicted grievous hurt on PW1, and thereby committed the aforesaid offences.