CHANDANAPURATH RAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 1 and 2 in S.C. No. 491 of 2001 on the file of the Additional Sessions Judge, Adhoc-III, Thalassery and they are challenging the conviction and sentence imposed on them for the offences under Ss. 450, 324 and 307 IPC.

(2.) The prosecution case is that the accused persons, 9 in number, because of political enmity and in furtherance of their common object to commit the murder of PW2, formed themselves into an unlawful assembly armed with deadly weapons on 25/10/1998, at about 10 p.m. and trespassed into the veranda of the house of PW2 bearing No. 3/377 of Peringathur Panchayat, and when PW2 came to the veranda on hearing the calling bell, the first accused caught on the shirt collar of PW2 and assaulted him with sword aiming the right side of his neck and the second accused inflicted a cut injury near the left side knee of PW2 with sword and the third accused beat PW2 with iron rod on his right hand and accused Nos. 4 to 9 also beat PW2 on various parts of his body with iron rods and sticks and they are thereby alleged to have committed the offences as aforesaid.

(3.) On the basis of Exhibit P1 First Information Statement of PW1, Exhibit P8 FIR was registered on 26/10/1998 and after completing the investigation, PW12, Circle Inspector, filed the final report and after committal, when the accused were produced before the trial court, charge was framed for the offences punishable under Ss. 143, 147, 148, 448, 450, 324, and 307 r/w 149 IPC and when the charge was read over and explained, the accused persons pleaded not guilty.