SHABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Since these appeals arise out of common judgment in SC No.868/2003, they are heard and decided together. Crl.Appeal No.1124/12 has been filed by accused 1 to 5, 7 to 9, 11 and 12. Crl.Appeal No.1129/2012 has been filed by the 6th accused and Crl.Appeal No.1243/2012 has been filed by the 10th accused.

(2.) The accused had been charge sheeted for having committed offence punishable u/s 143, 147, 148, 120B, 324, 307 and 302 r/w S.149 of I.P.C. According to the prosecution, the accused entertained an enmity with the deceased and certain other persons in relation to an eviction proceedings and they entered into a criminal conspiracy to commit murder forming themselves into an unlawful assembly and armed with deadly weapons such as sword, stick, chopper, iron pipe, wooden sticks etc., in furtherance of a common object of committing rioting and murder, inflicted injuries on the victims and as a result of which one of the victims died and the other was seriously injured.

(3.) After completion of investigation by the police, final report was submitted before the Judicial First Class Magistrate Court-II, Cherthala and committed to the Court of Sessions, Alappuzha. The case was made over to the Additional Sessions Judge, Fast Track, Alappuzha for final disposal. Before the Trial Court, prosecution examined PWs 1 to 39 and relied upon Exts.P1 to P80 and MO1 to MO18. The accused were questioned u/s 313 Cr.P.C. Exts.D1 to D18(a) were marked as defence exhibits. The Trial Court found all the accused guilty. They were sentenced to undergo rigorous imprisonment for 3 months each u/s 143 I.P.C., rigorous imprisonment for 6 months each u/s 147 I.P.C., rigorous imprisonment for one year each u/s 148 I.P.C., rigorous imprisonment for one year each u/s 324 r/w S.149 of I.P.C., rigorous imprisonment for 7 years each and fine of Rs. 5,000/- each u/s 307 r/w S.149 I.P.C., in default of which to undergo rigorous imprisonment for a further period of one year each, rigorous imprisonment for life each and fine of Rs. 10,000/- each u/s 302 r/w S.149 I.P.C. in default of payment of fine to undergo rigorous imprisonment for 2 years each and rigorous imprisonment for life u/s 120B I.P.C. The sentence was to run concurrently.