VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) At a trial of the petitioners along with another held by the Assistant Sessions Judge, Parur, for offences punishable under sections "143, 147, 148, 323, 326, 307, 379, 103 and 149" I. P. C., the petitioners, who are respectively accused 1 to 10, were found guilty only under S.148 and 307, I. P. C. and each of them was convicted and sentenced to suffer rigorous imprisonment for six months on the first count and rigorous imprisonment for two years on the second count, with the direction that the sentences will run concurrently. The eleventh accused was acquitted of all the charges. On appeal, the convictions and sentences passed against the petitioners were confirmed They have now come up in revision challenging their convictions and sentences.

(2.) Briefly stated, the main case against the petitioners was that at about 3.15 p. m. on February 20, 1974 they, along with the eleventh accused, formed themselves into an unlawful assembly armed with deadly weapons with the common object of murdering Pw. 1 and that in prosecution of this common object, the accused belaboured Pw. 1 causing grievous injuries resulting in the fracture of tibia, fibula and the 5th, 6th, 7th, 8th and the 9th ribs on his right side. The incident was spread over to four places. While Pw. 1 was going along the public road on the southern side of the house of Pw 3, at the instigation of the first accused, the fourth accused beat Pw. 1 on his forehead with an iron rod. On receiving this blow Pw. 1 ran to the house of Pw. 3 followed by the accused. Pw. 3 and the members of his house did not allow Pw. 1 to remain there and drove him out of the house, when he ran to the house of one Lakshmanan Mooppen (Pw. 4). The accused were chasing him. Pw. 4, apprehending that the accused might cause hurt to him and his wife if he gave shelter to Pw. 1, objected to Pw. 1 remaining in his house. Pw. 1 had then to run away from there and was proceeding towards the house of Devassykutty (Pw. 14). By the time be reached a property known as Purushamparampa on the eastern side of the house of Pw. 14, the accused overtook him, surrounded and beat him with crowbars, iron rods and sticks indiscriminately causing injuries on different parts of his body.

(3.) Pws. 2 to 6 and 11 are the eyewitnessess to the occurrence and of these Pws. 3, 4, 5 and 6 turned hostile to the prosecution.