KOYAKKUDY THIRUTHIYIL Vs. P.T.SULAIMAN

JUDGEMENT

(1.) Dated this the 28th day of October, 2020 Revision petitioners 1 to 34 were the accused in CC No. 168 of 1995 on the file of the Judicial First Class Magistrate Court, Thamarassery and the appellants in Crl.Appeal No. 509 of 2000 on the file of the Additional Sessions Court-III, Kozhikode. The offences alleged against the accused are punishable under Sections 143, 147, 148, 447, 427 and 506(ii) r/w Section 149 of the Indian Penal Code (hereinafter referred to as, "IPC").

(2.) By the judgment dated 11.11.2000, the learned magistrate found all the accused except accused No.34 guilty of the offences punishable under Sections 143, 447 and 427 of the IPC. All the accused except accused Nos.20, 31, 34 and 35 were found guilty of the offences punishable under Sections 147 and 148 of the IPC. All the accused were found not guilty of the offence under Section 506(ii) of the IPC. Accordingly, they were acquitted. The trial court awarded sentence to the convicts under various counts including simple imprisonment for a period of two years for the offence punishable under Section 148 of the IPC. The judgment of the learned magistrate dated 11.11.2000 was later confirmed in Crl.Appeal No. 509 of 2000 of the Additional Sessions Court-III, Kozhikode. Assailing the conviction and sentence, the revision petitioners are before this Court.

(3.) Prosecution case, in brief, is as hereunder;