SANTHOSH AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants herein are the accused Nos. 1, 3 and 4 in S.C. No. 456 of 2006 of the Court of Session, Pathanamthitta. They and 11 others faced prosecution in the court below on the allegation that they all formed an unlawful assembly at the courtyard of the house of the 5th accused, and assaulted the excise party led by the Excise Inspector of the Pathanamthitta Excise Range who came there on the basis of reliable secret information that arrack was being sold at the house of Yesodharan (5th accused). The accused Nos. 1 to 3 are the sons of the fifth accused, and the fourth accused is his wife. The others are the nearby residents. The prosecution case is that the excise team led by the Excise Inspector was severely attacked by these people, and three excise officials sustained simple injuries in the alleged incident. The crime was registered on the basis of the complaint preferred by an Excise Guard. After investigation, the Police submitted final report in court under Sections 143, 144, 147, 148, 332 and 308 read with Section 149 of the Indian Penal Code.

(2.) On committal, the case came up before the Court of Session, from where it was made over to the learned Additional Sessions Judge (Ad-hoc-I), Pathanamthitta, for trial and disposal.

(3.) All the accused, except the second accused, appeared before the trial court, and pleaded not guilty to the charge framed against them under Sections 143, 144, 147, 148, 332 and 308 read with Section 149 of IPC. The prosecution examined 9 witnesses, and proved Exts. P1 to P11 documents in the trial court. The MO-1 and MO-2 material objects were also identified during trial. These are a stone and a torch with which the accused inflicted injuries on the body of the excise officials, according to the prosecution.