CHACKO JOSE, PALAPPALLIL VEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos. 3 and 4 in C.C. No. 268 of 1993 of the Judicial First Class Magistrate Court-I, Kottarakkara. They and the first accused faced prosecution in the court below on the allegation that at about 2.00 a.m. on 16.01.1989, they, along with another person, trespassed into the house of one Thomas Mathew at Vayalathottam being armed with weapons like iron rod, they assaulted the said Thomas Mathew and one Thomas Kuriakose, and inflicted simple and grievous injuries on their body with iron rod, due to some previous enmity. The case against the second accused was split up and refiled, when he absconded from legal process. The accused Nos.1, 3 and 4 faced trial. The police registered the crime on the First Information Statement given by Thomas Kuriakose, who sustained injuries in the incident, and after investigation, the police submitted final report under Sections 452 and 324 read with Section 34 of the Indian Penal Code. Though the FIR was registered under the Explosive Substances Act also, the police found on investigation that such an offence was not in fact committed by the accused.

(2.) The three accused appeared before the trial court, and pleaded not guilty to the charge framed against them. Charge was initially framed under Sections 452 and 324 IPC in the court of the Judicial Second Class Magistrate, Kottarakkara where the final report was initially filed. Later the charge was altered to Sections 452, 324 and 326 IPC by the learned Judicial First Class Magistrate-I, Kottarakkara. To the altered charge also, the accused pleaded not guilty. The prosecution examined seven witnesses, and proved Exts. P1 to P4 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. They examined three witnesses in defence.