MAJEED S/O CHEMBAN KUNHAMU Vs. STATE

JUDGEMENT

(1.) THE revision petitioners are the accused in C.C.No.1175/2001 on the files of the Judicial First Class Magistrate's Court, Chavakkad, as well as the appellants in Crl. Appeal No.441/2001 on the files of the III Additional Sessions Judge (Ad -hoc), Fast Track Court No.I, Thrissur. The revision petitioners 1 to 5 are prosecuted for the offences punishable under Secs.143, 147, 148, 447, 323, 324, 326 and 506(i) read with Sec.149 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on account of previous enmity towards C.W.1., on 17/7/1998 at 8 O'clock in the night, the accused formed themselves into an unlawful assembly armed with deadly weapons and in prosecution of their common object, committed rioting and criminally trespassed into the courtyard of the dwelling house of C.W.1. The 1st accused gave a blow on his face and lips with a dangerous iron rod causing injuries, including uprooting of three teeth. When C.Ws.2 and 3 intervened, the 5th accused gave a blow on the leg of C.W.2 with a dangerous stick causing injuries and all the accused gave blows, fists and kicks on different parts on the body of C.W.3 causing pain and also criminally intimidated them and that thereby all the accused committed the offences punishable under the above sections. The revision petitioners were charge sheeted for all the said offences and on the said charge, the prosecution examined P.Ws.1 to 9 and marked Exts.P1 to P7 and M.Os.1 and 2. No defence evidence had been adduced by the revision petitioners.

(3.) WHEN the revision petitioners were questioned under Sec.313 of the Cr.P.C., they denied all the incriminating circumstances against them. After considering the evidence on record, the learned Magistrate found the accused guilty of all the said offences, except the offence under Sec.506(i) of the IPC and conviction entered thereunder.