OMANAKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this criminal appeal filed under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as the Code ), accused 1 to 7 in S.C.No.157/2011 on the file of the Additional Sessions Court-III, Mavelikara challenged the conviction entered and sentence passed against them for the offences punishable under Sections 143 , 147 , 148 and 302 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC ) and Section 27(1) of the Arms Act, 1959.

(2.) By judgment dated 02.03.2016, the learned Sessions Judge sentenced A1 to A7 to undergo imprisonment for life and to pay a fine of Rs.25,000/- each and in default of payment of fine to undergo rigorous imprisonment for one year more for the offence punishable under Section 302 of the IPC. For the conviction under Section 143 of the IPC, A1 to A7 were sentenced to undergo rigorous imprisonment for six months each. A1 to A7 were sentenced to undergo rigorous imprisonment for one year each for the conviction under Section 147 of the IPC. A1 to A7 were sentenced to undergo rigorous imprisonment for two years each for the conviction under Section 148 of the IPC. For the conviction under Section 27(1) of the Arms Act, A1 to A7 were sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo rigorous imprisonment for six months each. Set off was allowed to each of the accused under Section 428 of Cr.P.C.

(3.) The prosecution case, in brief, can be summarized as follows:-