PADMARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners in Crl.R.P. 2477 of 2003 are the accused Nos.1, 2 and 4 in C.C 209 of 1994 of the Judicial First Class Magistrate Court, Irinjalakuda, and the revision petitioner in Crl.R.P. 2992/2004 is one of the victims therein, who sustained severe injuries in the alleged incident of assault. The accused Nos.1, 2 and 4 challenge the conviction and sentence against them under Sections 143, 147, 323 and 325 I.P.C read with Section 149 I.P.C. They and two others faced trial in the court below under Sections 143, 147, 148, 323, 324 and 326 I.P.C. The case against the accused Nos.3 and 5 was split up and refiled when they absconded. Only the accused Nos.1, 2 and 4 faced trial and received a judgment of conviction on 22.1.2001.

(2.) On trial, the trial court found the accused not guilty of the offences under Sections 148, 324 and 326 IPC, and accordingly, they were acquitted of those offences. They were convicted under Sections 143, 147, 323 and 325 IPC. Though the prosecution alleged the offence under Section 325 IPC, the trial court found only the lesser offence under Section 326 IPC. The conviction under Sections 323 and 325 IPC is with the aid of Section 149 IPC. On conviction, the trial court sentenced the accused Nos. 1, 2 and 4 to undergo rigorous imprisonment for six months each, and to pay a fine of Rs.500/- each under Section 147 IPC, and to undergo rigorous imprisonment for two years each, and to pay a fine of Rs.2, 000/- each under Section 325 IPC read with Section 149 IPC. Though found guilty, no separate sentence was imposed under Sections 143 and 323 IPC.

(3.) Aggrieved by the judgment of conviction, the accused Nos. 1, 2 and 4 approached the Court of Session, Thrissur, with Crl.A. No. 66 of 2001. In appeal, the learned Third Additional Sessions Judge (Adhoc-I), Thrissur, confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now the accused Nos. 1, 2 and 4 are before this Court in revision, challenging the legality and propriety of the conviction and sentence.