RADHAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl.A No.193/2004 is the 2 nd accused in S.C No.65/1998 on the file of the Additional Sessions Court (Fast Track (ADHOC-I), Alappuzha. The appellant in Crl.A No.195/2004 is the 4th accused in the above case. The learned Sessions Judge proceeded trial against the appellants in the above two appeals because at that time, the 1 st accused (Rajan Nair) and the 3 rd accused (Rajesh @ Ambili) were absconding. Subsequently, the 1 st accused Rajan Nair appeared and surrendered before the court below and thereafter the trial against the 1 st accused was held separately in S.C No.135/2004 by the same court. S.C No.65/1998 was disposed of by the learned Sessions Judge as per judgment dated 29.1.2004 convicting the 2nd and 4th accused under Section 332 and 307 r/w 34 IPC . Subsequently, the 1 st accused namely Rajan Nair faced trial in S.C No.135/2004 and the learned Sessions Judge convicted him also under Section 332 and 307 IPC as per the judgment dated 31.12.2004. Since the appellants in all these appeals are the accused in the same crime and hence, eventhough two separate trial conducted by the trial court, I am disposing these three Criminal Appeals by a common judgment. (Hereinafter the appellants are mentioned in accordance with their rank in the final report).

(2.) The prosecution case is like this. The accused Nos.1 and 2 are brothers. Accused Nos.2 and

(3.) are the father and son. Accused No.1 and 4 are the husband and wife. Charge witness No.1 to 8 are the excise officials attached to the office of the Excise Circle Inspector, Chengannur. On 7.7.1995 the prosecution witness No.2, a Preventive Officer of the said Excise Circle and his party were on patrol duty and at that time, he received an information that, arrack was kept in the house of the 1st accused. Hence he proceeded to the house of the 1st accused after preparing search memo and forwarding the same to the court. After search, no contraband articles are seized from the house of the 1 st accused or from the physical possession of the accused. The further case is that, after the search, the accused persons attacked the excise personnel. The allegation is that the 1st accused slapped the charge witness No.4 on his cheek. The 1st accused cut on the head of charge witness No.3 with a sword-stick. The 2nd accused attacked with a chopper aiming the head of the charge witness No.3. He prevented the blow with his right hand and he sustained injury. The 1st accused with a sword stick cut charge witness No.2 on his right leg and also below the knee. The 2 nd accused with the chopper cut on the left knee of charge witness No.2. He also sustained severe injury including fracture of bone. The 3 rd accused with a chopper cut charge witness No.1 and caused injury to his right hand. The 4 th accused pelted stone against the charge witness Nos.4 and 6. Hence the prosecution submitted that, the accused committed the offence under Sections 324 , 332 , 307 and 506 r/w 34 IPC . Originally, the trial court framed charge against accused No.2 and 4 under Sections 332 , 324 , 307 and 506 r/w 34 IPC . 3. To substantiate the case, the prosecution examined PW1 to PW17. Ext.P1 to P12 are the exhibits marked on the side of the prosecution. Ext.D1 is marked on the side of the defence. MO1 to MO10 are the material objects marked by the prosecution. After going through the evidence and the documents, the trial court found that the accused No.1 and 4 committed the offence punishable under Sections 332 and 307 r/w 34 IPC . The 2nd and 4th accused are convicted and sentenced to undergo imprisonment for two years under Section 332 IPC and rigorous imprisonment for six years under section 307 IPC. Each of the accused are directed to pay a fine of Rs.10,000/- under Section 307 IPC. In default of payment of fine, there is a further direction to undergo rigorous imprisonment for one year. The court below also ordered compensation to the victims under Section 357 Cr.P.C, once the fine is recovered.