MUHAMMADUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.A No.718/2004 is filed by accused Nos.2, 4 and 5 in S.C.No.412/2001 of the Additional District and Sessions Judge (Adhoc), Fast Track Court No.1, Manjeri. In the above case, there were five accused. Originally, accused Nos.2, 4 and 5 faced trial and the trial court convicted and sentenced them. Hence accused Nos.2, 4 and 5 filed Crl.A No.718/2004. Subsequently, accused Nos.1 and 3 surrendered before the lower Court and they also faced trial. They were also convicted by the Additional Sessions Judge, (Adhoc-I), Manjeri as per judgment dated 8.12.2006 in S.C.No.233/2006. Aggrieved by the conviction and sentence, Crl.A No.2413/2006 was filed. Since the appellants in both the appeals are the accused in the same crime case, eventhough there are two separate judgments, I am disposing of both these appeals by a common judgment (Hereinafter, the parties are mentioned in accordance to their rank in the final report). First, I deal with Crl.A No.718/2004.

(2.) The above appeal is filed by accused Nos.2, 4 and 5 in S.C.No.412/2001. The Kalpakancheri Police chargesheeted the above three accused and two others alleging the offence punishable under Sections 143 , 147 , 148 , 324 , 307 r/w 149 IPC.

(3.) The prosecution case is that the accused in furtherance of common intention to commit the murder of the charge witness No.2, formed themselves into an unlawful assembly, armed with deadly weapons like knife, stones etc. came in a jeep bearing registration No.KRO.2115 at about 11.30 am on 22.4.1997 and blocked the autorickshaw bearing No.KL10A/3681 driven by CW1 at Randal junction and that the accused No.4 had stabbed CW2 and CW3 who were traveling in the said autorickshaw, with a dagger and accused Nos.1 to 3 and 5 beat them with sticks and voluntarily caused injuries to them and attempted to commit the murder of CW2. Accused Nos.2, 4 and 5 faced trial in this case.