ANIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused Nos. 1 to 4 in S.C.No.407/2005 on the file of the Additional Sessions Court (Adhoc I), Pathanamthitta, have preferred this appeal challenging the judgment of conviction and the order of sentence passed against them for the offences punishable under Ss. 341, 324, and 326 r/w 34 of the Indian Penal Code.

(2.) The case of the prosecution in brief is as follows;

(3.) Upon completion of the investigation, the final report was laid before the Judicial First Class Magistrate Court, Adoor. Being satisfied that the case is one triable exclusively by a Court of Session, the learned Magistrate, after complying with all the necessary formalities, committed the case to the Court of Session, Pathanamthitta, under Sec. 209 of Cr.P.C. The learned Sessions Judge, having taken cognizance of the offences made over the case for trial and disposal to the Additional Sessions Court (Fast track Court-I), Pathanamthitta. On appearance of the accused before the trial court, the learned Additional Sessions Judge, after hearing both sides under Sec. 227 of Cr.P.C. and upon a perusal of the records, framed a written charge against the accused for offences punishable under Sec. 341, 324, 326, and 307 r/w 34 of IPC. When the charge was read over and explained to the accused, all of them pleaded not guilty and claimed to be tried.