RAMAN, S/O.MAYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the six accused in C.C.No.100 of 2002 of the Judicial First Class Magistrate's Court-I, Palakkad.

(2.) They faced prosecution in the court below on the allegation that at about 1.30 a.m. on 20.02.2002 at the compound of the Mahakaliyammankovil at Kunnekad, they assaulted one Viswanathan in prosecution of the common object of their unlawful assembly to attack him in connection with a dispute concerning the festival there, and they inflicted injuries on his body with weapons like knife, granite stone etc. The police registered the crime on the complaint made by the said Viswanathan, and submitted final report in Court under Sections 143, 147, 148, 323 and 324 IPC.

(3.) All the accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined 11 witnesses, and proved Exts.P1 to P6 documents in the trial court. MO1 and MO2 weapons were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., and projected a defence that Viswanathan sustained injuries in a fall, during a scuffle that ensued there between two factions. The accused did not adduce any evidence in defence.