PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are accused Nos.1 to 5 in C.C.No.554 of 1996 on the files of the Judicial First Class Magistrate's Court, Thiruvalla. They were indicted for the offences under Ss. 143, 147, 148, 324 and 326 r/w Sec. 149 of the Indian Penal Code, 1860. By judgment dtd. 15/7/2000, revision petitioners were convicted for the aforesaid offences and sentenced to undergo rigorous imprisonment for one year each, for the offence under Sec. 148 of IPC, apart from rigorous imprisonment for one year for the offence under Sec. 326 IPC. No separate sentences were imposed for the offences under Ss. 143, 147 and 324 of the Indian Penal Code, 1860. The appeal filed as Crl.A.No.154/2000 was dismissed by the Additional Sessions Court, Pathanamthitta by judgment dtd. 26/10/2004. The revision petitioners are thus before this Court challenging their conviction and sentence.

(2.) Prosecution alleged that on 9/2/1996, the accused had, after forming themselves into an unlawful assembly, in furtherance of their common intention and armed with deadly weapons, sprinkled chilly powder into the eyes of CW2 and assaulted him, inflicting serious injuries with sword sticks, on the back of his leg and caused a fracture, while other accused inflicted cut injuries with sword sticks on various parts of the body including fracture of the leg and thereby committed the offences alleged.

(3.) In order to prove the case, prosecution examined PW1 to PW6 and marked Ext.P1 to Ext.P6. The defence examined DW1 and DW2. However, no material objects were marked on behalf of the prosecution while the defence examined DW1 and DW2.