AKHIL S/O RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.218/2013 of the Additional Sessions Judge-IV, Kottayam, who are aggrieved by the conviction and sentence imposed by the court below in Crime No.67/2013 of Kumarakom police station are the appellants.

(2.) The prosecution alleged that, due to previous enmity between the accused and PW2, on 5/2/2013 at 10.30 p.m. the accused trespassed into the courtyard of house bearing No.XIV/205 of Kumarakom Grama Panchayath and attacked PW2 and PW3. The first accused had beaten PW3 and when PWs2 & 3 intervened, they were hit by accused 2 to 4. PW2 had sustained injuries on his head. He escaped from the spot and was chased by all other accused. He was intercepted at the nearby junction wherein, he was allegedly beaten by the second accused with iron rod and the remaining accused facilitated commission of offence. He was rushed to the hospital and FIR was laid. Crime was registered and after investigation, charge sheet was laid against all the accused for offences punishable under sections 324,308,506(1),447,427 read with section 34 IPC. The court below, on an evaluation of the oral testimony of PWs 5 to 7 and Exts.P1 to P6 marshalled by the prosecution, found the accused guilty, convicted and sentenced for offences punishable under sections 447,323,324 and section 506(1) read with section 34 IPC. They were acquitted for offences punishable under sections 308 and 427 IPC. Separate sentences were slapped on them for offences found against them. The accused challenges the conviction and sentence in the present appeal.

(3.) Heard the learned counsel for the appellants, learned Public Prosecutor and the learned counsel for the additional respondents who were impleaded as respondents Nos 2 & 3, who are the injured.