GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These Crl. Appeals arise from the judgment in S.C.No.84/2000 of the III Additional Sessions Judge, (Adhoc) Fast Track Court No.1, Thrissur. Accused Nos.1 to 11 faced prosecution for offences punishable under Sections 143, 147, 148, 341, 353, 395 and 307 read with Section 149 IPC, arising from Crime No.311/1996 of Pudukkad Police Station.

(2.) According to the prosecution, the 1st accused was conducting a teashop in Amballur Village. PW7, who was the Sub Inspector of the above Police Station had registered a petty case against the 1st accused. 2nd accused and others were charge sheeted by the same Sub Inspector for playing cards for money. Hence the above accused were allegedly maintaining enmity towards the Sub Inspector. On 26.08.1996 in the evening, on getting information that the 1st accused was selling liquor in his teashop, PW7, the Sub Inspector of Police, along with the police party went to the teashop. At that time, accused Nos.2 to 5 obstructed the Police party. 1st accused who was in the teashop rushed out of the teashop shouting to kill them and hit the Sub Inspector with the Pickaxe. PW5 intervened and caught hold of the pickaxe. However, it injured the forehead and the shoulder of the S.I. All the other accused intervened and obstructed the Police. When the Police resisted, they ran away from the spot. A3 was caught at the spot. The Sub Inspector who had sustained injury was rushed to the hospital. Pursuant to the complaint laid, crime was registered by the Head Constable. Investigation was taken over by the then C.I. who was the predecessor of PW11. After investigation, final report was laid and all the accused faced prosecution for the above offences.

(3.) On the side of the prosecution, PWs 1 to 11 were examined and Exts.P1 to P15 marked. MOs 1 to 4 were identified. On an evaluation of the entire evidence, the court below found accused Nos.1 to 5 guilty of offences punishable under Sections 307, 353 read with Section 149, 143, 147 and 353 IPC. All of them were sentenced to undergo R.I. for various periods. Accused Nos.6 to 11 were acquitted. Aggrieved by the above conviction and sentence, the 1 st accused has preferred Crl. Appeal No. 1123/2004. Accused No.3 died in the meanwhile. Hence, accused Nos. 2 and 4 have preferred Crl. Appeal No.1261/2004.