ALIKOYA Vs. STATE OF KERALA REP.

JUDGEMENT

(1.) This revision petition has been filed against the concurrent finding of guilt, conviction and sentence passed against the revision petitioners/accused 2 and 3.

(2.) The prosecution case in short is as follows : On 3.3.1996 at about 12.30 mid night at Thiruvannur Kottaram road margin, Panniankara the accused committed the offence punishable under Secs 323 and 326 IPC read with 34 IPC . The case was registered as per the FIS given by PW2, the victim at the hospital. PW6, the head constable, attached to Panniankara police station recorded the FIS on 7.3.1996 at Medical college hospital and produced the same at the police station and on the basis of the same, PW5 another head constable registered crime No.34/1996 originally under Secs 323 and 324 read with Sec.34 IPC . FIR is marked as Ext.P4. Thereafter PW8 another Head constable attached to Panniankara police station conducted the investigation, questioned the witnesses, prepared Ext.P3 scene mahazar and seized MO1 by describing in the scene mahazar and conducted the initial investigation. Thereafter PW7 who was the sub inspector of police attached to Panniankara police station continued the investigation of PW8 and filed Ext.P5 report altering the charge adding Sec.326 IPC and filed Ext.P5 report stating the name and address of the accused and he also arrested accused 2 and 3, the revision petitioners herein. Thereafter he filed the charge-sheet.

(3.) On the side of prosecution PW1 to 8 were examined. Exts.P1 to P5 were marked and MO1 was identified and marked. After closure of prosecution evidence, all the accused were questioned under Sec.313 Cr.P.C . They denied all the incriminating facts and circumstances put to them. DW1 examined and Exts.D1 and D2 were marked on the side of defence. Thereafter on hearing both sides the trial court found all the accused guilty under the sections aforementioned. The revision petitioners were sentenced to undergo rigorous imprisonment for a period of three months each and to pay fine of Rs.750/- each, in default to undergo simple imprisonment for two weeks under Sec.323 read with 34 IPC and accused 1 to 3 were sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs.2000/- each in default to undergo simple imprisonment for two months each under Sec.326 read with 34 IPC . Set off was also allowed under Sec.428 Cr.P.C . Out of the fine amount Rs.2500/- was directed to be paid to PW2 towards compensation under Sec.357(1) Cr.P.C . Against the conviction and sentence passed by the Chief Judicial Magistrate, Kozhikode, separate appeals were filed by the revision petitioners and the first accused, as Crl.Appeal Nos 294/2001 and 297/2001 respectively.