SAKEER Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by the accused Nos. 1 to 5 in S.C.No.32/2009 on the files of the Additional Sessions Court (Ad hoc) I, Manjeri (for short 'the court below') dtd. 29/4/2009 convicting and sentencing them under Ss. 143, 147, 447 and 436 read with 149 of the IPC.

(2.) The prosecution case in short is that, on 13/6/2006 at about 10 pm, the accused formed themselves into an unlawful assembly and in prosecution of their common object, trespassed into the house compound of CW1, committed mischief by fire by causing destruction of the house occupied by CW1 and thereby committed the offences.

(3.) After a full-fledged trial, the court below found the accused guilty of the offences punishable under Ss. 143, 147, 447 and 436 read with 149 of the IPC and they were convicted and sentenced to undergo simple imprisonment for 6 months and to pay a fine of ?2,000/- each, in default to suffer simple imprisonment for 1 month each for the conviction under Sec. 143 of the IPC, simple imprisonment for 1 year and to pay a fine of ?2,000/- each, in default to suffer simple imprisonment for three months each for the conviction under Sec. 147 of the IPC, a fine of ?500/- in default to suffer simple imprisonment for 7 days each for the conviction under Sec. 447 of the IPC and rigorous imprisonment for 3 years and to pay a fine of ?5,000/- each, in default to suffer rigorous imprisonment for 6 months each for the conviction under Sec. 436 of the IPC.