ANEESH N. Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the 1st accused in CC No.131 of 2005 on the file of the Judicial First Class Magistrate Court, Koothuparamba and the appellant in Crl.Appeal No.383 of 2006 on the file of the Additional Sessions Court (Adhoc 1), Thalassery. The offences alleged against the accused are punishable under Sections 143, 147, 447, 452, 435 r/w 149 of the Indian Penal Code .

(2.) The prosecution case in brief is that on 01.02.2001 at about 9.30 p.m at Thrikadaripoli of Thalombra amsom, the accused 1 to 7 who are sympathizers of Communist Party of India (Marxist) (CPIM) formed themselves into an unlawful assembly armed with deadly weapons for the purpose of rioting due to political enmity and in prosecution of their common object, trespassed in the court-yard of PW5's house, who is a sympathizer of the Bharathiya Janatha Party (BJP). It is further alleged that the accused kicked the door of the house and then the 1st accused set fire to the autorickshaw bearing registration No.KL 11/7124 and the other accused broke window glass of the autorickshaw with sticks and thereby PW5 sustained a loss of Rs.30,000/-. Hence, the accused alleged to have committed the aforesaid offences.

(3.) During the trial of the case, PWs 1 to 6 were examined and marked Exts.P1 to P4 and MOs 1 and 2 on the side of the prosecution. On closing the evidence of the prosecution, the accused were questioned under Section 313(1) (b) of Cr.P.C . They denied all the incriminating circumstances appearing in the evidence against them. However, no defence evidence was adduced on their side.