(1.) Accused Nos. 1 to 8 in C.C. No. 107/1993 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram are the revision petitioners herein. The revision petitioners were charge sheeted by the Sub-Inspector of Police, Poojappura police station in Crime No. 80/1992 of Poojappura police station under Sections 143, 147, 148, 323, 324, 427 read with Section 149 of Indian Penal Code.
(2.) The case of the prosecution in nutshell was that on 25.06.1992 at about 10.30 p.m. by the side of Tagore road in Trikannapuram ward while PW 1 was going through that road in his motor cycle with No. KBV 686, the revision petitioners formed themselves into an unlawful assembly with the common object of attacking him and they assembled there with that object with deadly weapons like iron rod and stick and when PW 1 reached there, first revision petitioner shouting that they were waiting for him and had beaten on his head with an iron rod and due to that he fell down and thereafter, revision petitioner Nos. 2 and 3 beat him with stick and others beaten him with hands and thereafter, revision petitioner Nos. 7 and 8 broke the motor cycle and caused damage to the tune of Rs. 150/- and thereby, all of them have committed the offence punishable under Sections 143, 147, 148, 323, 324, 427 read with Section 149 of Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C. No. 107/1993 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram.
(3.) When the revision petitioners appeared before the court below, after hearing both sides, charge under Sections 143, 147, 148, 323, 324, 427 read with Section 149 of Indian Penal Code was framed and the same was read over and explained to them and they pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 9 were examined and Exts. P1 to P11 were marked on their side. After closure of the prosecution evidence, the revision petitioners were questioned under Section 313 of Code of Criminal Procedure and they denied all the incriminating circumstances brought against them in the prosecution evidence. They have further stated that, they have not committed any offence and they have been falsely implicated in the case on account of previous enmity as PW 1 and PW 4 along with others attacked first revision petitioner and others and caused injury to him and a case was registered in respect of that incident and in order to wreck vengeance, they were falsely implicated in the case. Except marking D1 series contradictions in the evidence of PW 4, no other defence evidence was adduced on their side.