BALACHANDRAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 to 4 and 6 to 10 in S.C.No.259/95 on the file of the Additional Sessions Judge-I, Kollam are the appellants. The first accused is faced with conviction for the offence punishable under S.304 Part-I, 148, 448 and 427 of the Indian Penal Code. The other accused are faced with conviction for the offences punishable under S.326, 448 and 427 of the Indian Penal Code. Altogether there were 13 accused. The rest were acquitted.

(2.) The prosecution case was that all the accused formed themselves into an unlawful assembly at about 7.30 P.M. on 20-03-1993 in a public road near the shop of one Thomas, the deceased in this case, committed rioting and inflicted injuries on PWs. 1 to 4 and the deceased. First accused threw an acid bulb on PW. 1 and the said Thomas sustained burn injuries out of that. Accused 1, 2 and 3 had trespassed into the shop of PW.3 and accused 13 committed an assault on him causing injury on left arm, back and shoulder. The 10th accused had assaulted PW.2 causing injury on his head, flank, elbow and knees. He had also trespassed into the shop of the deceased. Accused 4 to 6 trespassed into the shop of PW.4 and the 4th accused committed an assault on PW.4.

(3.) The prosecution attempted to prove the incident on the strength of PWs. 1 to 15 and Exts. P1 to P32.