J JOSEPH FERNANDEZ Vs. STATE

JUDGEMENT

(1.) This reference by the learned Sessions Judge of Quilon arises out of revision petition filed by accused 2 to 9 in C.C. 56 of 1980 on the file of the First Class Magistrate of Karunagapally.

(2.) The case against them was that they along with accused No. 1, against whom no process was issued, wrongfully restrained Pws. 1 to 3 and caused hurt to them while they attempted to pay their homage to the idol of St. Sebastain which was being carried in procession. Overt acts were ascribed to accused 2 to 9. Charges were framed against them under S.341 and 323 read with S.114 IPC. The learned Magistrate found that no case under S.341 has been made out, but accepting the prosecution evidence convicted them for an offence under S.323 read with S.114, IPC.

(3.) In revision the learned Sessions Judge has recommended that the conviction and sentence should be quashed and the accused acquitted on the ground that S.114, I.P.C., is not applicable because there is no proof of previous abetment. I do not think the conviction should be quashed on this ground as the facts proved amounts to the principal offence under S.323 IPC. No objection can be raised to this course in the face of