PREJITH @ OMANAKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused Nos.1 to 9 in S.C.No.74 of 1999 on the file of the Additional Sessions Court, Adhoc -I, Alappuzha are the appellants herein. The appellants were charge sheeted by the Circle Inspector of Police, Mararikulam police station in Crime No.237/1997 of Muhamma police station under sections 143, 147, 148,452, 427, 324 and 307 read with section 149 of the Indian Penal Code.

(2.) The case of the prosecution in nutshell was that on 20.10.1997, at about 5 p.m, Cws 1 to 7 had gone to the house with No.6/404 of Thanneermukkam panchayat situated in Madathilparambil Laksham veedu colony to meet one Babumon, who was an active member of Rashriya Swayam Sevak Sangh, to enquire about some incident happened in that locality. The accused persons belonging to the Communist Party of India (Marxist), on account of the political enmity and on seeing the workers of Rashtirya Swayam Sevak Sangh in that area, formed themselves into an unlawful assembly with deadly weapons like sword, iron rod, axe, sword stick, pointed bamboo stick and stones - all dangerous weapons, and criminally trespassed into the varanda of the house of Babumon, brother of Shaji (PW9) and pelted stones against Cws 1 to 7 and voluntarily caused hurt to Cws 3, 5 and 6 as members of the unlawful assembly and with an intention to kill them, the first accused inflicted cut injury on CW2, on account of which, his right hand thumb was amputated and second accused inflicted injuries on the fingers of left hand of CW1 with sword stick and third accused inflicted cut injury on CW3 on his lift leg below knee with an axe and the 8th accused had beaten CW3 with an iron rod on his left hand above elbow and when all these injured entered the house of Babumon and closed the door, the accused persons caused mischief by pelting stones, breaking the doors and windows and causing damage to the window of the room causing a loss of Rs.15,000/ - and thereby all of them have committed the offences punishable under sections 143, 147, 148, 452, 427, 324 and 307 read with section 149 of the Indian Penal Code.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court -II, Cherthala, where it was taken on file as C.P.No.15/1998. After complying with the formalities, learned Magistrate committed the case to the Sessions Court, Alappuzha under section 209 of the Code of Criminal Procedure (herein after referred to as 'the Code'). After committal, the Sessions Court took cognizance of the case as S.C.No.74/1999 and the case was originally made over to the Assistant Sessions Court, Cherthala for disposal. When the accused appeared before that court, after hearing both sides, Assistant Sessions Judge framed charge against the accused under sections 143, 147, 148, 452,427, 324 and 307 read with section 149 of the Indian Penal Code and the same was read over and explained to them and they pleaded not guilty. Thereafter the case was withdrawn and made over to the Additional Sessions Court, Ahoc -I, Alappuzha for disposal by the Sessions Judge.