P.K. NARAYANA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals have been preferred against the common judgment dtd. 8/7/2004 in S.C.Nos.52 of 1999 and 75 of 1999 on the files of Additional Sessions Court (Adhoc-II) Thodupuzha (for short 'the court below') by the accused Nos.1 to 7, 12 and 15 convicting and sentencing them under Ss. 307, 326, 324, 148, 147 r/w 143 of IPC.

(2.) The appellants along with 15 others were tried for the offences punishable under Ss. 143, 147, 148, 149, 324, 326 and 307 r/w 34 of IPC on the allegation that on 20/01/1998 at 2.30 p.m, the accused formed an unlawful assembly, armed with deadly weapon, with intention to murder PW2 and caused grievous injuries to him and simple injuries to PWs 1 and 9. The motive alleged was the animosity entertained by the accused against PW2 for having obstructed loading of timber in the lorry by some of the accused persons. With respect to the said incident, Crime No.28/1998 was registered by the Kattappana police on the basis of the information given by PW1. The police after investigation filed final report at the Judicial First Class Magistrate Court, Kattappana, incorporating the offences punishable under Sec. 143, 147, 148, 324, 341 and 326 r/w 149 of IPC and the case was registered as CC No.239/1998. With respect to the very same incident, the injured (PW2) filed a private complaint at the Judicial First Class Magistrate Court, Kattappana incorporating the offence under Sec. 307 of IPC as well, apart from the offences mentioned above. The said private complaint was taken on file after conducting enquiry under Sec. 202 of Cr.P.C. It was committed to the Sessions Court, Thodupuzha and numbered as S.C.No.52 of 1999. Being a connected case, CC No.239/1999 was also committed to the Sessions Court and came to be numbered as S.C.No.75/1999. Thereafter both cases were made over to the court below. The court below clubbed both cases together and conducted trial as a single case.

(3.) The prosecution examined PWs.1 to 12 and marked Exts.P1 to P16. MO1 and MO2 were identified. On the side of the defence, DW1 was examined and Exts.D1 to D34 were marked. Ext.X1 was marked as court exhibit. The court below after fullfledged trial found the accused Nos.1 to 7, 12 and 15 guilty for the offences punishable under Ss. 143, 147, 148, 324, 326 and 307 of IPC and they were convicted for the said offences. The remaining accused were found not guilty and they were acquitted. The accused Nos.1 to 7, 12 and 15 were sentenced to undergo rigorous imprisonment for a period of 3 years each and to pay a fine of Rs.2,000.00 each, in default to suffer simple imprisonment for a period of 2 months for the offence punishable under Sec. 307 of IPC, rigorous imprisonment for a period of 3 years each and to pay a fine of Rs.2,000.00 each, in default to suffer simple imprisonment for a period of 2 months for the offence punishable under Sec. 326 of IPC, rigorous imprisonment for a period of 2 years each and to pay a fine of Rs.1,000.00 each, in default to suffer simple imprisonment for a period of 1 month for the offence punishable under Sec. 324 of IPC, rigorous imprisonment for a period of 6 months each for the offence punishable under Sec. 148 of IPC, rigorous imprisonment for a period of 3 months each for the offence punishable under Sec. 147 of IPC and rigorous imprisonment for a period of 2 months each for the offence punishable under Sec. 143 of IPC. Challenging the conviction and sentence, accused Nos.1 to 7, 12 and 15 have preferred these appeals.