SHINOJ SINGH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants were convicted for the offences punishable under Ss. 143, 147, 148 and 307 read with Sec. 149 of the Indian Penal Code, 1860 (IPC) by the Additional Sessions Judge (Adhoc-I), Thalassery, as per the judgment dtd. 18/8/2006 in S.C.No.314 of 2000. They were sentenced to undergo rigorous imprisonment for various periods and also to pay fine.

(2.) They challenge legality and correctness of the said judgment of conviction and order of sentence in this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code).

(3.) The allegations against the appellants were that on the morning of 26/10/1999 they formed themselves into an unlawful assembly and in prosecution of their common object, attacked PW2 Sri.Balan using choppers and inflicted him various injuries, some of which were grievous. PW2 is a C.P.I. (M) worker and due to political enmity he was attacked by the appellants, who are RSS/BJP activists. Before the court below, the prosecution examined PWs.1 to 9 and proved Exts.P1 to P9. MOs.I to VI were identified as well. The incriminating circumstances appeared in the evidence were put to the appellants during their examination under Sec. 313(1)(b) of the Code. They denied such evidence and maintained that they were innocent. No evidence was let in by them.