ALI AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are parents and son. The 1st revision petitioner is the father, the 3rd revision petitioner is the mother and the 2nd revision petitioner is their son. They are the three accused in CC 679/2003 of the Judicial First Class Magistrate Court-U, Manjeri. They faced prosecution in the court below under Sections 448, 341, 323 and 324 I.P.C read with 34 of the Indian Penal Code, on the allegation that at about 8.30 p.m on 17.9.2003, they, with common intention, trespassed into the shop of one Aboobacker at Pachanna, and they assaulted him and his son due to some previous enmity. The Police registered the crime on the complaint made by the son of the said Aboobacker and submitted final report in court, after investigation.

(2.) All the accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them. The prosecution examined eight witnesses and proved Exts.P1 to P5 documents in the trial court. The MO1 stone was also identified during trial by the material witnesses. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the three accused guilty for the specific offence committed by each without the application of Section 34 I.P.C. The accused Nos.1 and 2 were found guilty under Section 448 I.P.C, the accused No. 1 was found guilty under Sections 341 I.P.C and 323 I.P.C and the 3rd accused was found guilty under Section 324 I.P.C. On conviction, the accused Nos.1 and 2 were sentenced to undergo simple imprisonment for one month each and to pay a fine of Rs. 1000/- each under Section 448 I.P.C, the 1st accused was sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 500/- under Section 341 I.P.C, the 2nd accused was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 1000/- under Section 323 I.P.C, and the 3rd accused was sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 3000/- under Section 324 I.P.C. Aggrieved by the judgment of conviction dated 30.11.2004, the three accused approached the Court of Session, Manjeri with Crl.A 662/2004. In appeal, the learned Additional Sessions Judge (Adhoc-I) Manjeri confirmed the conviction and sentence and accordingly dismissed the appeal. Now the accused are before this Court in revision challenging the legality and propriety of the conviction and sentence.