PETER Vs. STATE

JUDGEMENT

(1.) The revision petitioner Crl. R. P. No. 1047 of 2002 is the first accused in C. C. No. 181 of 1995 of the Judicial First Class Magistrate Court-I, Punalur, 143.147.148the revision petitioners in Crl. R. P. No. 1210 of 2005 are the accused Nos. 2.3.5 and 6 therein, and the revision petitioners in Crl. R. P. No. 3178 of 2008 are the accused Nos. 8 and 13 in the said case. 16 persons including the revision petitioners in these three cases faced trial in the court below under Sections 143.147.148, 452, 324 and 326 read with Section 149 of the Indian Penal Code on the allegation that at about 5.00 p.m. on 18.08.1994, they attacked one Biju due to some union rivalry, in prosecution of the common object of the unlawful assembly formed by them all to attack him, and the when the said Biju ran off and took refuge at the house of one Chinnamma, they all chased him, they trespassed into the house of Chinnamma, and inflicted serious and grievous injuries on the body of Biju with weapons like iron rods, swords, sticks etc., and when Chinnamma intervened, they assaulted her also, and inflicted serious injuries on her body.

(2.) All the accused pleaded not guilty to the charge framed against them by the trial court, and they claimed to be tried. The prosecution examined 8 witnesses in the trial court, and proved Exts. P1 to P13 documents. The MO1 weapon of offence was also identified during trial.

(3.) All the accused denied the incriminating circumstances when examined under Section 313 Cr. P. C., and they projected a defence that Biju sustained injuries when he exploded a bomb in his hands to attack the rivals including the accused. In defence, the accused examined a witness as DW1, with the object of explaining how Biju sustained injuries.