JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 to 3 in S.C.No.701/2004 on the files of Additional Sessions Court, Thodupuzha, assail the conviction and sentence dtd. 25/9/2007 in the above case. In this appeal, State of Kerala is arrayed as the respondent.

(2.) I shall refer the parties in this appeal as 'prosecution' and 'accused' herein for easy reference.

(3.) This case was registered alleging commission of offences punishable under Ss. 341, 447, 307 and 294(b) read with 34 of the Indian Penal Code ('IPC' for short), by the accused. The precise allegation is that at 7.30 a.m on 20/12/2001, accused Nos.1 to 3 and 5 along with the 4th person, a juvenile in conflict with law, assaulted the defacto complainant with intention to do away him as well his wife. Thereby the defacto complainant and his wife sustained injuries though they survived. It is alleged by the prosecution that the defacto complainant sustained fracture on his head and other injuries; and his wife also sustained injuries.