BROOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 1 to 5 in S.C. No. 420 of 2007 on the file of the District and Sessions Judge, Ernakulam and they are challenging the conviction and sentence imposed on them as per the impugned judgment dtd. 10/6/2008.

(2.) The prosecution case is that the accused were having previous enmity towards PW1 for the reason that PW1 has informed the police about the illegal removal of river sand by the accused persons from Inchathotty Kadavu and in furtherance of their common object to cause hurt to PW1, they formed an unlawful assembly, armed with weapons on 15/1/2007, at 12 O' clock in the midnight and reached in front of the house of PW1 in a Qualis car and they trespassed into the house of PW1 situated in a puramboke land on the bank of Periyar river near Inchathotty Kadavu, wherein PWs 1 and 2 and their children are residing.

(3.) After trespassing into the house, the first accused pushed down PW1 to a cot by asking whether she informed the police about their lorry transporting river sand and thereafter, the first accused sat on the body of PW1 and torn her nighty by saying that he will give her one more child and when her nighty was torn, she sustained an abrasion on her left breast.