FAIZAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 and 2 in S.C.No.287/2004 before the Additional Sessions Judge (Ad hoc-1), Manjeri, have filed this appeal challenging their conviction and sentence for the offences punishable under Sections 324 and 341 read with Section 34 of IPC. Each of them was sentenced to undergo rigorous imprisonment for two years and pay fine of Rs.5,000/- with default sentence of another rigorous imprisonment for four months for offence under Section 324 . Simple imprisonment for one month was awarded to each of them for the offence punishable under Section 341 with a direction to serve the sentences concurrently.

(2.) The case against the appellants was charge sheeted by PW7 S.I. of Police, Nilambur on the allegation that in furtherance of common intention, they voluntarily caused hurt to PWs.1, 4 and CW2 with a dangerous knife on 31.12.2003 at 9 p.m. in Pookkottu Padam Chulliyodu public road about 100 mtrs. away from Anand Cinema Theatre after wrongfully restraining them while they were coming in a motorbike, demanding contribution for new year celebration. The appellants were alleged to have attempted to commit culpable homicide not amounting a murder also, besides their having put the victims to criminal intimidation. Accordingly, the appellants were charge sheeted for the offences punishable under Sections 341 , 324 , 308 and 506(ii) read with Section 34 of IPC.

(3.) When the case came up before Additional Sessions Judge (Ad hoc-1), Manjeri also, the appellants were charged with same offences and tried.