VIJAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused 1 to 3 in C.C.No.910/2003 on the file of the Judicial First Class Magistrate Court-II, Kottarakkara and the appellants in Crl.Appeal No.349/2007 on the file of the Sessions Court, Kollam. The offences alleged against the accused are punishable under Sections 143, 144, 148, 452, 324, 326 and 506(ii) read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC ').

(2.) The prosecution case in brief is as hereunder:- On 25.10.2002 at about 8.30 pm., the accused 1 to 8 formed themselves into an unlawful assembly armed with deadly weapons for the purpose of rioting and in prosecution of their common object criminally trespassed into the house of PWs.1 and 2 after making preparations to commit hurt with dangerous weapons like dagger and sticks and thereafter accused Nos.1 and 6 to 8 dragged PW1 from his house towards its premises and while so, the accused 2 to 5 wrongfully confined him and thereafter accused No.1 inflicted stab injuries on both his thighs and thereby his vein ruptured and had sustained deep vein injury. It is further alleged that in the very same incident, the accused 6 and 7 inflicted blows on PW2 who is the wife of PW1 and thereby she also sustained injury.

(3.) On the appearance of the accused, after having heard both sides, the trial court framed charge against the accused 1 to 8 for the offences under Sections 143 , 144 , 148 , 452 , 324 , 326 and 506(ii) read with Section 149 of the IPC. The charge was read over to which the accused 1 to 8 pleaded not guilty.