DHARMAN, S/O. GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Revision is directed against the concurrent verdict of conviction and sentence passed against the petitioners who are A1 to A4 in C.C. No. 59 of 2000 of J.F.C.M. North Paravur. They were sentenced to undergo simple imprisonment for one year for the offence under Section 326 read with Sec. 149 I.P.C. They were also found guilty of the offences under Sections 143, 147, 341, 323 and 324 read with 149 I.P.C. and were sentenced to pay fine and in default of payment of fine to undergo various terms of simple imprisonment. Though the petitioners were found guilty, convicted and sentenced for the offence under Section 148 read with 149 I.P.C., the appellate court set aside the conviction and sentence passed for the offence under Section 148 read with Sec. 149 I.P.C.

(2.) THE learned counsel for the petitioners would submit that the evidence given by P.W.1 is not supported by independent witnesses and that the sword-stick alleged to have been used by the accused Nos. 5 A6 were not recovered at all and so there is no legal evidence to show that any deadly weapon was used. It is further submitted that since these petitioners were found not guilty of offence under Section 148 read with Sec. 149 I.P.C., it is quiet clear that these petitioners had not carried any deadly weapon. It is further submitted that there is no legal evidence to find the petitioners guilty and hence the learned counsel submits that the conviction and sentence passed against the petitioners are liable to be set aside.

(3.) THE incident in this case took place at about 6.30 p.m. on 14-10-1998. P.W.1 the injured was peddaling his bicycle along the road and when he reached in front of the library at Kedamangalam, he was obstructed by the petitioners herein and two other accused persons (A5 and A6) . All the accused in prosecution of the common object wrongfully restrained P.W.1 and then A1 to A4 beat and fisted him. They also kicked P.W.1. P.W.1 ran for his life to the shop of one Radhakrishnan. The accused chased him. He was pulled by the accused and from there A5 attacked P.W.1 with a sword-stick. A6 also stabbed, hit or hacked P.W.1 with the sword stick carried by him. Several injuries were caused on the body of P.W.1. When P.W.1 tried to ward off the blow by the sword-stick he sustained injuries on his fingers.