ABDUL JALEEL Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 1 to 8 in S.C. No.57/2014 on the file of the Additional Sessions Court- VI, Ernakulam, have preferred this appeal challenging the judgment of conviction and the order of sentence passed against them for the offences punishable under Ss. 143, 147, 342, 352 and 302 r/w 149 of the Indian Penal Code.

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

(3.) Upon completion of the investigation, the final report was laid before the Judicial First Class Magistrate-I, Kochi. Being satisfied that the case is one triable exclusively by a Court of Session, the learned Magistrate, after complying with all the necessary formalities, committed the case to the Court of Session, Ernakulam, under Sec. 209 of Cr.P.C. The learned Sessions Judge, having taken cognizance made over the case for trial and disposal to the Additional Sessions Court-VI, Ernakulam. On the appearance of the accused before the trial court, the learned Additional Sessions Judge, after hearing both sides under Sec. 227 of Cr.P.C. and upon perusal of the records, framed a written charge against the accused for offences punishable under Ss. 143, 147, 342, 352 and 302 r/w 149 of the IPC. When the charge was read over and explained to the accused, they pleaded not guilty and claimed to be tried.