RINTU @ THOOFAN PRADHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 1, 3, 4, and 5 in S.C.No.98/2019 on the file of the Additional Sessions Judge - I, Thalassery have preferred this appeal challenging the judgment of conviction and order of sentence passed against them for offences punishable under Ss. 449, 324, 461, 396 and 302 of the Indian Penal Code.

(2.) Before delving into the prosecution's allegation, it is necessary to address the names and ranks of the accused to avoid confusion, as the ranks of the accused were rearranged by the Trial Court creating some vagueness. Altogether, five persons were arrayed as accused in this case, out of which three were juveniles in conflict with law (JCLs) and two were adults. The names of the adult accused are:-

(3.) After completion of the investigation, the final report was submitted before the jurisdictional Magistrate against the adult accused and in the final report, Rintu @ Thoofan Pradhan was arrayed as the second accused, and Boliya Hoori, the absconding accused was arrayed as the fifth accused. The case against the fifth accused was then split up and renumbered as C.P. No. 6/2019, and the case against the second accused was committed to the Court of Sessions, Thalassery. On the committal of the case against the second accused, the learned Sessions Judge took cognizance, and the case was numbered as S.C. No. 98/2019. Later, the said case was made over to Additional Sessions Court -I, Thalassery for trial and disposal.