SHIHAB Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these appeals have been filed challenging the conviction and sentence in S.C.No.132 of 2005 on the files of the Additional Sessions Court (Adhoc-III), Kollam (for short 'the court below') .

(2.) The appellant in Crl.A.No.2083 of 2006 is the accused No.4 and the appellants in Crl.A.No.2187 of 2006 are the accused Nos.2 and 3.

(3.) The crime was registered by the Punalur police station suo motu against the five accused persons for the offence punishable under Sec. 402 of IPC. The prosecution allegation is that when PW4, the Sub Inspector of Police, and PW1, the Police Constable, Punalur police station, were conducting patrolling duty on 14/8/2004 at 11.00 p.m., they got reliable information that few persons were assembled at the school near to the Punalur hanging bridge in suspicious circumstances. Accordingly, they reached the said place at 11.45 p.m., where they found the accused Nos. 1 to 5 sitting at the southern end of the veranda of the school building carrying weapons such as iron rod, ring spanner and chopper. According to the prosecution, they assembled for the purpose of committing dacoity. Accordingly, crime was registered against them by PW1 as Crime No.333 of 2004. PW4, who detected the offence, himself conducted the investigation and filed the final report.