ANILKUMAR @ ARUMUGHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the nine accused in C.C. No.242/1998 of the Judicial First Class Magistrate Court, Chittur. They faced prosecution in the court below on the allegation that at about 6.50 p.m. on 5.5.1998, on the public road in front of the office of the Communist Party of India (Marxist) at Nallepilly Junction, they all obstructed the de facto complainant Chenthamarakshan, assaulted and attacked him due to political animosity, and inflicted injuries on his body with weapons. The police registered the crime on the F.I.Statement given by the said Chenthamarakshan, and after investigation, the police submitted final report in court. All the nine accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Sections 143, 147, 148, 341, 323, 324 and 355 read with Section 149 IPC.

(2.) The prosecution examined eight witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 properties, including the weapon of offence were also identified during trial. All the accused denied the incriminating circumstances, and projected a defence of total denial when examined under Section 313 Cr.P.C.. They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for three months each under Section 143 IPC, to undergo rigorous imprisonment for one year each under Section 147 IPC, to undergo rigorous imprisonment for two years each under Section 148 IPC, to undergo rigorous imprisonment for 15 days each under Section 341 IPC read with Section 149 IPC, to undergo rigorous imprisonment for six months each under Section 323 IPC read with Section 149 IPC, to undergo rigorous imprisonment for three years each under Section 324 IPC read with Section 149 IPC, and to undergo rigorous imprisonment for one year each under Section 355 IPC read with Section 149 IPC. Aggrieved by the judgment of conviction dated 27.4.2001, the accused approached the Court of Session, Palakkad with Crl.A. No.183/2001. In appeal, the learned Additional Sessions Judge (Adhoc) -I, Palakkad confirmed the conviction, but modified the sentence under Sections 148 and 324 IPC. The conviction and sentence under the other Sections were maintained. On modification, the sentence under Sections 148 and 324 IPC was reduced to rigorous imprisonment for one year each. The direction to pay a compensation of Rs. 10, 000/- each to PW1 was also modified by a the appellate court, and the amount of compensation was reduced to Rs. 2,000/- each. Now, the accused are before this Court in revision, challenging the legality and propriety of the conviction and sentence.