U.K.FAISAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these appeals have been preferred challenging the judgment of conviction and order of sentence passed against the accused in S.C.No.3/2012 on the file of Additional Sessions Court-III, Thalassery for offences punishable under Ss. 143, 147, 148, 341, 324 and 302 r/w 149 of the IPC and Sec. 5(1)(a) r/w Sec. 27 of the Arms Act. Out of the said appeals, Crl.A. No.409/2019 has been preferred by accused Nos.1, 2, 4 and 14 and Crl.A.No. 399/2019 is by accused Nos.3, 5, 7, 8 and 9. By the impugned judgment, accused Nos.6, 10 to 13, 15 and 16 were acquitted.

(2.) The prosecution case in brief is as follows:-

(3.) On completion of the investigation, the final report was submitted in this case before the Judicial First Class Magistrate Court, Mattannur. Being satisfied that the case was one triable exclusively by the Court of Session, the learned Magistrate, after complying with all the necessary formalities, committed the case to the Court of Session, Thalassery, under Sec. 209 of the Criminal Procedure Code. The learned Sessions Judge, after taking cognizance of the offences, had made over the case for trial and disposal to the Additional Sessions Court-III, Thalassery.