MANU G. RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellants who are accused Nos.1 and 2 in S.C. No.436/2003 on the file of the Additional District and Sessions Judge, Fast Track Court-I, Thiruvananthapuram, challenging their conviction and sentence in a prosecution for the offences punishable under Ss. 143, 147, 148, 324, 448 & 427 r/w Sec. 149 of the Indian Penal Code, 1860 (IPC) and Sec. 3 of the Explosive Substances Act, 1908. Both the appellants / accused 1 & 2 were convicted and sentenced under Ss. 143, 147, 148, 324 r/w. Sec. 149 of the Indian Penal Code while the 1st appellant/1st accused alone was convicted and sentenced under Sec. 3 of the Explosive Substances Act, 1908. Both the appellants/ accused 1 & 2 were acquitted of the offences punishable under Sec. 448 and 427 IPC. Accused Nos. 3, 4 & 5 were acquitted of all the charges.

(2.) The gist of the prosecution case is that, on 11/02/1999, the appellants/accused Nos.1 and 2 together with three others formed themselves into an unlawful assembly and attacked PWs 1 , 7 and 8, inside the compound of the MG College, Thiruvananthapuram, with deadly weapons like swords and iron bars and explosive substances like crackers. It is alleged that PWs 1, 7 and 8 were members and supporters of a student organization known as Akhil Bharatiya Vidhyarthi Parishad (ABVP), while the accused persons were members of a rival student organization namely, Kerala Students' Union (KSU). It was alleged that, at the relevant point of time, the Kerala Students' Union did not have a unit in the MG college and an attempt to establish a unit, led to some disputes between the accused and PWs 1, 7 and 8, who were opposing the establishment of a unit of the KSU in the college. A statement given by PW8 while under treatment at the Medical College Hospital, Thiruvananthapuram, led to the registration of Crime No.30/1999 of the Peroorkada police station.

(3.) The investigation of the case was conducted by PW5, who was the additional Sub-Inspector of Peroorkada police station. Following the investigation and after getting sanction from the District Magistrate, Thiruvananthapuram, for initiation of prosecution under the Explosive Substances Act,1908, a final report was filed by PW6, the Sub-Inspector of Police of Peroorkada police station before the Judicial First Class Magistrate Court-II, Thiruvananthapuram where the matter was taken on file as C.P. No.80/2001. On a finding that the case relates to offences exclusively triable by a Court of Session, the learned Magistrate committed the case to the Sessions Court, Thiruvananthpauram for trial and disposal. The Sessions Court, Thiruvananthpauram took cognizance of the matter as S.C. No.436/2003 and made over the case to the Assistant Sessions Court, Thiruvananthapuram and subsequently transferred the case to the Additional District and Sessions Court, Fast Track Court -I, Thiruvananthapuram. That court framed charges under Ss. 143, 147, 148, 324, 448 and 427 r/w. Sec. 149 of the Indian Penal Code and Sec. 3 of the Explosive Substances Act, 1908 against the appellants/accused Nos.1 and 2 and other accused namely accused Nos.3, 4 and 5. The appellants/accused Nos.1 and 2 as well as the other accused pleaded not guilty.