PRASAD AND ANOTHER Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are accused nos. 1 and 2 in a Sessions Case. They were tried along with accused Nos. 3 to 7 by the Additional Sessions Court for offences under Sections 8 and 55( g) of Abkari Act and Sections 143, 147, 148, 506, 353 and 149 of Indian Penal Code ('IPC' for short). After the trial, accused nos. 1 and 2 alone were convicted for offences under Sections 143, 148, 353 and 506 of Indian Penal Code. The appellants were also sentenced to undergo rigorous imprisonment for 3 (three) months under Section 143 IPC, rigorous imprisonment for 1 (one) year under 148 IPC, rigorous imprisonment for 1 year and a fine of Rs. 2,000/- (Two thousand only) each under Section 353 IPC and rigorous imprisonment for 1 year under Section 506 IPC. Substantive sentence of imprisonment was ordered to run concurrently and in default of payment of fine, accused was sentenced to undergo rigorous imprisonment for a further period of two months. Set off was also allowed.

(2.) According to prosecution, on 26/05/1998, while PW 1, the Excise Inspector, attached to the Haripad Excise Circle Office was on patrol duty along with PW 2, the Excise Guard and others, they found a tin containing liquid jaggery and also 750 ml. of arrack in a paddy field near the house of the accused. The articles were seized under a mahazar and they proceeded further on patrol duty.

(3.) While so, appellants along with co-accused formed themselves into an unlawful assembly, with common object of attacking PW 1 and other officials, they committed rioting armed with deadly weapons like sword stick, cycle chain, axe, iron rod etc. They also criminally intimidated the officials and threatened PW 1 and party by showing deadly weapons. They committed the above acts with intend to prevent and deter PW 1 and party from discharging their duty as public servants and thereby, committed offence under Section 353 of IPC.