SREENESH Vs. STATE OF KERALA

JUDGEMENT

(1.) In these appeals filed under Sec. 374(2) Cr.P.C., the appellants who are accused no.1 to 6 and 10 (A1 to A6 and A10) in S.C.No.238/2005 on the file of the Court of Session, Ernakulam, challenge the conviction entered and sentence passed against them for the offences punishable under Ss. 395, 398, 400, 402 and 450 IPC.

(2.) The prosecution case is that the accused persons, 15 in number, entered into a conspiracy to commit dacioty and in furtherance of the said intention, trespassed into Agasthya Ayurvedic Hospital, located near Vyttila junction, armed with deadly weapons like sword, iron rod etc. threatened the doctors, the patients and the employees of the hospital and robbed gold ornaments of the employees and tape recorder, land phone and other equipment of the hospital. Hence as per the final report, the accused persons are alleged to have committed the offences punishable under Sec. 120B, 450, 395, 398, 400, 402, 354 and 412 IPC.

(3.) Crime No.271/2003, Panangad police station, that is, Ext.P18 FIR was registered by PW18, the then Sub Inspector based on Ext.P1 FIS of PW1. The initial investigation was conducted by PW19, Circle Inspector, Hill Palace police station. Thereafter, the investigation was taken over by PW20, Circle Inspector, Ernakulam Town South police station, who on completion of investigation submitted the final report before the jurisdictional magistrate alleging the commission of the offences punishable under the aforementioned Sec. by the accused persons.