JOBI Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the accused in SC No.410/2005 of the Additional Sessions Court, Adhoc -I, Thrissur, who stand convicted under Sections 143, 147, 148, 324, 326 and 307 read with Section 149 IPC and Section 109 IPC and sentenced to undergo rigorous imprisonment for seven years each and to pay a fine of 5,000/ - each, in default to undergo simple imprisonment for six months for the offence under Section 307 IPC, rigorous imprisonment for seven years each and to pay a fine of 5,000/ - each, in default to undergo simple imprisonment for six months for the offence under Section 326 IPC, rigorous imprisonment for six months each for the offence under Section 143 IPC and rigorous imprisonment for two years each for the offence under Sections 148 and 324 IPC. Over and above it, A8 stands sentenced to undergo rigorous imprisonment for seven years and to pay a fine of 5,000/ -, in default to undergo simple imprisonment for six months under Section 109 IPC also.

(2.) The prosecution case is that at the instigation of A8, a criminal conspiracy was hatched by all the accused in prosecution of the common object of committing the murder of PW7. Pursuant to the conspiracy, A1 to A7 formed themselves into an unlawful assembly, armed with deadly weapons like sword -sticks, sticks and reapers at 4.45 p.m. on 24.02.2003 at Kanjirappally in Pariyaram village in Athirappilly - Chalakkudy public road. It is alleged that A1 to A4 repeatedly inflicted cuts on PW7 with sword -sticks, A5 beat PW7 with a stick and A6 and A7 inflicted blows on PW7 with reapers, thereby causing grievous hurt and grievous injuries on the body of PW7, with a view to committing his murder. The incident had allegedly occurred on account of the political rivalry between the parties.

(3.) After the incident, the injured PW7 was taken to the Specialist Hospital, Ernakulam, where he continued treatment. His statement was recorded at 11 a.m. on 25.02.2003, which is Ext.P3 First Information Statement in the case, based on which, Crime No.104/2003 of Chalakkudy Police Station was registered through Ext.P4 FIR. PW6, Circle Inspector of Police, Chalakkudy, conducted the investigation and laid the charge. On a perusal of the court charge, it seems that no charges were framed for the offences under Sections 294(b) and 109 IPC and Section 27 of the Arms Act.