UPPENGAL SIVADASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 23.10.2003 in Crl.Appeal No. 331 of 2002 rendered by the learned Sessions Judge, Manjeri, whereby the learned Sessions Judge allowed the appeal in part, confirming the conviction and sentence against accused 1 to 16 imposed by the learned Assistant Sessions Judge, Manjeri for the offences punishable under Sections 143, 147, 148, 342, 323, 324 and 326 r/w Section 149 of the Indian Penal Code (hereinafter referred to as, " IPC "). However, the conviction and sentence of the accused 1 to 16 for the offences punishable under Sections 120B and 307 of the IPC were set aside and accordingly, they were acquitted of the said charges.

(2.) The offences alleged against the accused 1 to 16 are punishable under Sections 143 , 147 , 148 , 120B , 342 , 323 , 324 , 326 and 307 r/w Section 149 of the IPC pertaining to Crime No.26 of 1995 of Melattur Police Station. PWs 9 and 10 conducted investigation in this case. They have questioned the witnesses, recorded their statements, recovered material objects, completed the investigation and filed final report before the court.

(3.) Prosecution case, in brief, is that on 27.02.1995 at 8.15 pm, all the accused, who were labourers of Nenmeni Balannoor Estate (hereinafter referred to as, "Estate"), formed themselves into an unlawful assembly armed with deadly weapons for the purpose of rioting and in pursuance of their common object, criminally conspired together and assaulted PW1, the Manager of the Estate, and voluntarily caused simple and grievous hurt to him and thereby, attempted to commit murder of PW1 in front of the Estate Dispensary at Keezhattur Panchayat.