BIJY GEORGE Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) Accused 1, 2 and 4 to 14 in S.C.No.126/2000 on the file of the Additional Sessions Court, Fast Track-II, Kozhikode are the appellants herein.

(2.) The appellants along with one Pachar where charge sheeted by the Circle Inspector of Police, Perambra in Crime No.84/1999 of that police station alleging offences under sections 143, 147, 148, 341, 323, 324 and 307 read with section 149 of the Indian Penal Code.

(3.) The case of the prosecution in nutshell was that, on 26.3.1999, at about 8.30 p.m, the accused persons 14 in number formed themselves into an unlawful assembly, armed with deadly weapons like torch, cycle chain, stick and dagger on Kadiyangad Palam-Thekkedath Kadavu public road near Muhuvannacha L.P.School in Paleri amsom with the common object, committed rioting and attempted murder of CW4, Asokan and caused hurt to A1 to A3, Nishad, Dipeesh and Prakashan due to political enmity and to achieve that common object and members of the unlawful assembly, they had beaten CW4 Asokan and when Cws 1 to 3 interfered, they attacked them as well and when CW4 tried to intervene, accused 5 and 4 shouted to kill him and caught hold of him and second accused had stabbed him with a knife on the left chest and caused grievous injury to him and thereby all of them have commit ed the above said offences.