(1.) THE appellants are accused Nos. 1 to 4 in S.C. No. 617 of 2004 on the files of the Additional Sessions Judge (Ad hoc) -II, Kasaragode. They along with four others were charged for having committed offence punishable u/s. 143, 147, 148, 341 and 302 r/w s. 149 of the IPC. As per judgment dated 19.8.2009, the learned Additional Sessions Judge found the appellants guilty and they were sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/ - each in default of which, rigorous imprisonment for one year each u/s. 302 IPC r/w s. 149 IPC. They were also sentenced to undergo rigorous imprisonment for six months u/s. 143 r/w s. 149 IPC. Accused Nos. 1 and 2 were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 5000 each and in default to undergo simple imprisonment for six months each for the offence punishable u/s. 147 r/w s. 149 IPC. Accused Nos. 3 and 4 were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 10,000 each in default to undergo simple imprisonment for six months each for the offence punishable u/s. 148 r/w S. 149 IPC. The appellants were also sentenced to undergo imprisonment for one month each for the offence punishable u/s. 341 r/w s. 149 IPC. The accused No. 5 to 8 were acquitted of all charges.
(2.) CRL . R.P. 3475 of 2009 has been preferred by the father of deceased Devadasan against the acquittal of accused No. 5 to 8 in the above case. The facts giving rise to the instant appeal and also the revision petition are as follows: - -
(3.) THE learned Magistrate initiated the committal proceedings as C.P. No. 175 of 2003 and after complying with the prescribed procedure under the Code, committed the case to the Court of Sessions.