RAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.3, 8 and 9 in Crime No.39/2005 of Vallikkunnam Police Station, which was registered against 17 accused persons for the offences punishable under Sections 143, 147, 148, 447, 427, 326, 302 read with Sections 149 IPC, 153 (A)(1)(a)&(b) 120B of IPC. The prayer sought for by the petitioners is to quash all proceedings in the said crime, as all the other accused persons were acquitted as per the judgment passed by the Additional Sessions Court II, Mavelikkara in SC 594/2005 and also as per the judgment in Crl.A.No.1561/2009 by this Court.

(2.) The prosecution case is as follows: On 23.02.2015 at 9 p.m., one Ashraf and two other persons were coming out of Kaduvinal Mosque within the local limits of Vallikkunnam Police Station. At that time, in pursuance of a conspiracy between the accused persons, they formed themselves into an unlawful assembly, armed with deadly weapons like swords, sticks, iron roads and bamboo sticks, came in a motorcycle and a jeep driven by A 16 and A17 respectively, to the said Mosque. After reaching the Mosque, A1 to A5 and A8 to A10 jumped out of the jeep and criminally trespassed into eastern courtyard in front of the Mosque with the said deadly weapons and assaulted the said Ashraf. The 1st accused inflicted a cut injury with a sword and accused Nos.4,5,8,9 and 10 indiscriminately beat him with iron rods all over his body.

(3.) On seeing the attack, two persons, who were along with the said Ashraf ran away from the spot and thereafter the accused Nos.3 to 10 destroyed tube lights installed in front of the Mosque. Thereafter the accused persons proceeded towards south through the road in front of the Mosque by the said jeep as well as motor bike and stopped the vehicle on seeing CW2 who was standing on the road in front of his house. A2 and A3 jumped out of the jeep and assaulted him as well by uttering the word 'cut and kill him '. It was alleged that the 2nd accused inflicted a cut with a sword aiming towards the neck of the said person, which was warded off by him with his left hand and thereby he sustained fracture of bonds of his left wrist. He was also attacked by bamboo sticks. The said Ashraf later succumbed to the injuries while undergoing treatment and CW2 sustained injuries. The offences as mentioned above were registered on the basis of the said allegations. The first information was furnished by PW15, who appeared before the Police at 6 a.m. on 24.02.2005.