A SURA @ SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 1St accused in SC 182/2000 on the file of the Additional Sessions Court (Fast Track-II) Kozhikode is the appellant herein. The appellant along with eight others were charge sheeted by the Circle Inspector of Police, Nadapuram in Crime No.200/1997 of Nadapuram Police Station for the offence under Sections 143, 147, 148 and 307 read with Section 149 of the Indian Penal Code.

(2.) The case of the prosecution in nutshell was that on 26.6.1997 at about 11.15 am the accused persons 9 in number formed themselves in an unlawful assembly armed with deadly weapons like chopper, sword etc. in Valayam-Chezhali public road with a common of object of committing riot and killing PW1 Nanu and trespassed into Amritha Bakery functioning in building No.III/490 of Valayam Panchayath, run by PW2 where PW1 had come to purchase some bakery item and 1st accused as a member of that assembly and pursuant to the common object inflicted cut injury with a chopper on his head which he warded off and then he again inflicted injuries on him two or three times and at that time accused numbers two and three also cut him with a sword and chopper. When he fell down and others have guarded the place preventing him from going away from that place as members of the unlawful assembly and with the common object of committing murder of PW1 and and caused grievous injury to him and thereby all of them have committed the offence punishable under Sections 143, 147, 148 and 307 read with Section 149 of the Indian Penal Code.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Nadapuram and it was committed to the Sessions Court, Kozhikode where it was taken on file as SC 182/2000 and originally the case was made over to Assistant Sessions Court, Vadakara for disposal and thereafter it was withdrawn and made over to Additional Sessions Court (Fast Track-II) Kozhikode.