VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the convicts in S.C.No.561/2006 of the Additional Sessions Judge (Adhoc - I ), Ernakulam. On the basis of a final report laid by the Sub Inspector of Police, Kunnathunadu Police Station in Crime No. 389/2005, charge sheet was laid against the appellants alleging offence punishable under Sections 143, 147, 148, 341, 324, 326, 427, 308 read with 149 of the IPC . The case came before the trial court on committal by the Judicial First Class Magistrate, Kolenchery.

(2.) The summary of the prosecution allegation is that on 17.12.2005 at 5.00 P.M., while CW1/PW1 Babu was moving on his motor cycle, KL-17-7851 with CW2 on the pillion seat, at Choorakodu kara on the Erappampara-Perumbavoor road, about 200 meters away from the house of one Kuzhupilly Ali, the appellants formed into an unlawful assembly and in prosecution of their common object, wrongfully restrained PW1, attacked and injured him with knife and sticks, and thereby made attempts against his life; they also caused damage to his motor cycle.

(3.) The appellants denied the allegations against them and claimed to be tried. Following the formalities and after evaluating the oral evidence of PWs 1 to 10 and Exts. P1 to P7 documents, the learned Sessions Judge found the appellants guilty of offence punishable under Sections 143 , 147 , 148 , 341 , 324 , 326 read with 149 of the IPC and imposed various sentences, the maximum being rigorous imprisonment for three years and a fine of Rs.5,000/- each for the offence under Section 326 of the IPC. Separate sentences were imposed under the other counts also. Aggrieved by the same, the appellants moved this Court under Section 374 of the Criminal Procedure Code (for short 'the Code').