THOTTIYIL BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Criminal appeal No.1519 of 2003 was filed by accused Nos.1 to 4, 7, 9 and 10, while Criminal appeal No.1591 of 2003 was filed by the remaining accused namely accused Nos. 5, 6, 8, 11 to 21, 23 to 31 and 33 in S.C.No.106 of 2001 of Additional Sessions Court (Adhoc -I), Manjeri. The appellants in both these appeals along with the absconding accused Nos.32 were charge -sheeted by the Circle Inspector of Police, Tanur, in Crime No.136/1996 of Parappanangadi police station under Section 143, 147, 148, 447, 448, 427, 379, 395 read with Section 149 of the Indian Penal Code.

(2.) The case of the prosecution in nut shell was that on 01.07.1996 at about 4.00 p.m, all the accused along with other persons formed themselves an unlawful assembly with deadly weapons in furtherance of their common object of committing offences, criminally trespassed into the residential compound of the defacto -complainant at Vallikunnu and committed rioting armed with deadly weapons like sword, stick, pickax, axe, spade, iron rod etc., and accused Nos.1 to 4, 7 and 10 among them criminally trespassed into the house of the defacto -complainant breaking open the kitchen door of the said house and 10th accused had snatched a gold chain weighing 11/4 sovereign from the neck of CW3 and accused Nos.4, 8, 9 and 26 committed theft of motor and jet pump installed near the well by destroying its foundation and also destroyed fence fixed on the boundary and they have done all these things in the course of the same transaction and thereby all of them have committed the offence punishable under the above said sections.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Parappanangadi, where it was taken on file as C.P.No.56/2000. Since accused No.22 died during investigation, charge against him abated. After complying with the formalities, the learned magistrate committed the case to Sessions Court, Manjeri under Section 209 of the Code of Criminal Procedure (hereinafter called 'the Code') against accused Nos.1 to 21, 23 to 31 and 33 and case against accused No.32 was split up and refiled as C.P.No.18/2001. After committal, the case was taken on file by the Sessions Court as S.C.No.106/2001 and thereafter it was originally made over to Assistant Sessions Court, Thirur for disposal. When the appellants appeared before that court, after hearing both sides, Assistant Sessions Judge, Thirur had framed charge under Section 143, 147, 148, 447, 448, 427, 379 and 395 read with Section 149 of the Indian penal Code against the appellants alone and the same was read over and explained to them and they pleaded not guilty. Thereafter the case was withdrawn and made over to Additional Sessions Court (Adhoc -I), Manjeri for disposal by the Sessions Judge.