ABU, S/O KOMU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a revision filed by the accused Nos.1 to 4 in C.C. No. 192 of 1995 of the Judicial First Class Magistrate Court-I, Perinthalmanna, challenging the conviction and sentence against them under Sections 143, 147, 148 and 326 of the Indian Penal Code. Though eight accused faced trial in the trial court , only the accused Nos. 1 to 4 were found guilty by the trial court, and the others were acquitted. Pending the revision, the revision petitioners 1 and 2, who are the accused Nos.1 and 2 in the trial court, died, and their death was recorded in the proceedings. The sentence against them has become unenforceable, and the revision as regards them stands abated.

(2.) The prosecution case is that at about 8.00 a.m. on 20.01995, the accused attacked and assaulted the defacto complainant, Muhammed Yousaf, on the public road in front of a medical shop at Perinthalmanna, due to previous enmity and they inflicted simple and grievous injuries on his body with weapons like iron rod, screwdriver etc.. The Police registered the crime on the First Information Statement given by the defacto complainant, and after investigation, submitted final report in court against eight accused.

(3.) 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 and MO2 properties were also identified during trial.