SAJEEVAN AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 to 3 in S.C. No. 203/1998 on the file of the Principal Sessions Judge, Irinjalakuda are the revision petitioners herein. The revision petitioners along with another accused were charge sheeted by the Circle Inspector of Police, Valappad in Crime No. 130/1997 of Valappad police station alleging offences under sections 341 and 307 read with section 34 of the Indian Penal Code.

(2.) The case of the prosecution in nutshell was that, on 8.5.1997 at about 5 p.m on the public road near Sreekrishna temple at Karayamvattom, accused 1 to 4 wrongfully restrained the injured-PW2 and in furtherance of their common intention to commit murder, attacked him with swords on vital parts like head and hands and the 4th accused by bringing them to the place of occurrence in his auto rickshaw knowing their intention helped them to commit the offences and thereby all of them have committed the above said offences.

(3.) After investigation, final report was filed for the offences under sections 341, 324 and 307 read with section 34 of the Indian Penal Code and it was taken on file as C.P. No. 25/1998 on the file of the Judicial First Class Magistrate Court, Kodungallur. The case was committed to the Sessions Court by the Magistrate under section 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and after committal, it was taken on file as S.C. No. 203/1998 on the file of the Sessions Court, Thrissur and thereafter it was made over to the Principal Assistant Sessions Court, Irinjalakuda for disposal.