ALTHAF Vs. THE STATION HOUSE OFFICER

JUDGEMENT

(1.) Appellants are accused 1 to 6 in S.C. No. 680 of 2000 on the file of learned Additional Sessions Judge, Kasaragod. The trial court tried them for offences under Sections 427, 294(b) and 395 of the Indian Penal Code (in short, "IPC"). The court found them guilty for the offences punishable under Sections 427, 394 and 395 IPC and sentenced. They were acquitted for the offence under Section 294(b) IPC.

(2.) Prosecution case, in nut-shell, is that on 02.05.1998, the accused persons in furtherance of their common object attempted to commit dacoity after stopping a lorry bearing No. KA 19/4048 driven by PW 2 through the national highway at Uppala, at about 1 o'clock in the night. Prosecution further contended that the 1st accused abused the driver ( de facto complainant) in filthy language. The accused persons voluntarily caused injury to the driver and cleaner of the lorry and caused damage to the vehicle. In the course of trial, ten witnesses were examined and eight documents were marked by the prosecution. MOs 1 to 3 are the material objects. There was no defence evidence.

(3.) Heard the learned counsel for the appellants/accused and the learned Public Prosecutor.