FIROZ Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above appeal is directed against the judgment dated 28.11.2002 in S.C.No.64 of 1998 of the court of IIIrd Additional Sessions Judge (ADHOC), Fast Track Court -I, Thrissur at the instance of accused Nos.1,4,7 and 9 in the above sessions case since they are convicted and sentenced for the offences under Sections 143,147,148,452,324,326,427,460 and 307 read with Section 149 of I.P.C.

(2.) THE prosecution case is that on 27.8.1995 at 2.30 a.m., the accused formed themselves into an unlawful assembly and in prosecution of the common object of the unlawful assembly to commit murder of PW2 (CW3) and others due to their enmity with PW2 (CW3), trespassed into the house occupied by PW2 (CW3) and others bearing door No.IX/136 of Kadappuram Panchayat by breaking the door of the house and at that time, the accused were armed with swords, iron rods etc. and PW2 (CW3) was beaten on his head by the second accused with iron rod. He was also beaten by the third accused with an iron rod on his right leg and accused Nos.4 and 5 had beaten at several parts of his body with iron rod and A1 had inflicted grievous injuries at the head of PW1 (CW1) with sword. PWs.2 and 3 (Cws.3 and 4) were beaten by accused Nos.4 and 5 with iron rods causing injuries to them also. It is also the case of the prosecution that the accused has caused loss to the tune of Rupees One Thousand by damaging the door and tiles and thus, the accused altogether 11 in numbers have committed the offences punishable under Sections 143,147,148,452,324,326,427,460 and 307 read with Section 149 of I.P.C.

(3.) ON completing the investigation, a report was laid in the Judicial First Class Magistrate Court, Chavakkad based upon which C.P.No.12 of 1996 is instituted in that court. As accused Nos.6,8 and 11 have not appeared before the committal court, the case against them was split up and registered as C.P.No.6 of 1997. By order dated 19.4.1997 in C.P.No.12 of 1996, the learned Magistrate committed the case to the Sessions Court, Thrissur with respect to accused Nos.1 to