BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C, the appellants who are the accused in S.C.No.30/2004 on the file of the Sessions Court, Manjeri, challenge the conviction entered and sentence passed against them for the offences punishable under Ss. 341, 323, 326 and 308 read with Sec. 34 IPC.

(2.) The prosecution case, as revealed from the final report filed by PW8, the Investigating Officer, is - the accused two in number, due to their enmity towards PWs. 1 and 5 and in furtherance of their common intention of assaulting and causing injuries to the latter, on 31/12/2002 at 10:30 p.m., wrongfully restrained them and voluntarily caused hurt by beating the witnesses with their hands. The 1st accused with a sharp weapon cut PW1 on both his shoulders and hip, causing grievous hurt on his left shoulder, thereby attempting to commit the offence of culpable homicide not amounting to murder. In the incident, PW5 sustained simple hurt. Hence as per the final report, the accused are alleged to have committed the offences punishable under Ss. 341, 323, 324 and 308 read with Sec. 34 IPC.

(3.) Ext.P1 First Information Statement of PW1 was recorded by PW8, the then Sub Inspector of Police, Tirur Police Station, on the basis of which Ext.P1(a) FIR, i.e., Crime No.02/2003, was registered. The initial investigation by PW8 was followed by investigation by PW9, the next Sub Inspector, who completed the investigation and submitted the charge sheet before the Court. On appearance of the accused before the court below, charge was framed on 21/8/2004 for the offences punishable under Ss. 341, 323, 326, 308 read with Sec. 34 IPC. Both the accused pleaded not guilty.