MANOJ, S/O RAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos.1 and 3 to 5 in S.C No.23/1998 of the Court of Session, Alappuzha. They, along with few others, faced prosecution before the learned Principal Assistant Sessions Judge, Alappuzha under Sections 143, 147, 148, 149, 341 and 307 I.P.C, on the allegation that at about 8.30 p.m on 27.4.1995 on the bye-pass road near the paddy field of one Govachan at Eravukad within the Alappuzha Municipality, they attacked and assaulted one Shibu due to political animosity and they inflicted serious and grievous injuries on his body with weapons like chopper, iron rode etc., in an attempt on his life. The Police registered the crime on the first information statement given by the said Shibu, and after investigation, submitted final report in court. The revision petitioners and the co-accused appeared before the learned trial Judge and they pleaded not guilty to the charge framed against them by the trial court.

(2.) The prosecution examined 16 witnesses including the de facto complainant and proved Exts.P1 to P17 documents in the trial court. The MO1 to MO10 material objects were also identified during trial. When examined under Section 313 Cr.P.C, all the accused denied the incriminating circumstances, and maintained a defence of total denial. They also made an attempt to explain away the serious injuries sustained by the de facto complainant, that he sustained the injuries in a fall. The accused did not adduce any oral evidence in defence, but Exts.D1 to D8 were marked.

(3.) On an appreciation of the evidence, the trial court found the accused Nos. 6 to 8 and 10 to 12 not guilty of any of the offences, and accordingly they were acquitted. As the 9th accused went absconding during the trial procedure, the case against him was split up and refiled. The accused Nos.1 to 5 were found guilty by the trial court under Sections 143, 147, 148, 341 and 307 I.P.C. On conviction, they were sentenced to undergo rigorous imprisonment for five years each and to pay a fine of RS. 5000/- each under Section 307 I.P.C read with Section 149 I.P.C, to undergo rigorous imprisonment for one year each under Section 148 I.P.C, and to undergo rigorous imprisonment for one moth each under Section 341 I.P.C read with Section 149 I.P.C. No separate sentence was imposed under Sections 143 and 147 I.P.C.