VADI VELU AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants, who are accused 1 to 4 in SC No. 207/2008 of Additional Sessions Judge, (Ad hoc - II), Kottayam, challenge the judgment of conviction u/S.457 and S.395 IPC. The Trial Court convicted the appellants u / S.457 and S.395 IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/- each u/S.457 IPC and also to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/- each u/S.395 IPC, in default of payment of fine, to undergo rigorous imprisonment for two years each. Being aggrieved by that, they preferred this appeal.

(2.) The facts necessary for the indictment were that on 12/05/2008 at 1.30 a.m., the accused 1 to 3 committed house breaking and trespassed into the Kaippakkal House bearing No. III / 341 of Vazhoor Grama Panchayat, when PW 1 resisted them, the first accused beat with an iron rod which he ward off with his hands and held the first accused, the 2nd accused hit on the forehead with an iron rod, as a result PW 1 sustained injury. The 4th accused, who was waiting in the courtyard, encouraged the accused. When PW 2 interfered and resisted the blow with his left hand, thereby PW 2 sustained injury to his left hand finger, the 3rd accused took a mobile phone worth Rs.9,000/-. A4 and A5 waiting outside the house guard the scene, thus the accused committed the offences. In this incident, Pallickathodu Police registered a case and after completing investigation, CI of police, Ponkunnam laid charge against the accused before Judicial First Class Magistrate Court - I, Kanjirappally. A5 is absconding and his case was split up, therefore the case of A1 to A4 was committed to Sessions Court for trial.

(3.) To prove the offence, prosecution examined PW 1 to PW 12 and marked Exts. P1 to P 24 as documentary evidence. The material objects recovered by the Police, were marked as MO 1 and MO 2 in the trial Court. The incriminating circumstances brought out in evidence were denied by the accused, while questioning them u/S.313 CrPC. They were also heard u/S.232 CrPC and called upon them to enter on their defence. They did not adduce any defence evidence. After hearing both sides, the Trial Court convicted the appellants.