JAYAKUMAR @ JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos. 1 and 2 in Crime No. 139/91 of Eloor Police Station registered for offences under Sections 143, 147, 148 as also under Sections 341, 323, 324, 326, 427 and 307 IPC read with Sections 149 thereof inter alia on the allegation that they along with seven other accused who all were members of the Industrial Workers Solidarity Union who on account of animosity towards PW2 (CW2) who was the President of INTUC Union of Eloor formed themselves into an unlawful assembly with the common object of doing away with PW2 and in prosecution of their common object they have at 8.35 a.m. on 13/11/91 armed with deadly weapons committed rioting near the road at Elanjikkal temple; waylaid the car wherein PW2 was travelling and attempted to commit murder of PW2 by cutting him with weapons and beating him with iron pipes and voluntarily caused hurt also to PW1, the driver of the car in which PW2 was travelling. PW13 the Sub Inspector of Police, Eloor registered Crime No. 139/91 of Eloor Police Station recording Ext.P1 F.I. statement from PW1 who was under treatment in the hospital. The investigation in the case was thereafter taken over by PW14/the Circle Inspector of Police, Kalamassery who conducted the initial part of the investigation in the case and the investigation in the case was thereafter taken over by PW15 on 04/11/92 on the direction of the City Police Commissioner and PW16/the Circle Inspector of Police, Kalamassery completed the investigation and laid the charge against all accused 1 to 9.

(2.) The Final Report was taken on file by the Judicial First Class Magistrate, North Parur as Committal Proceedings No. 18/94 and on committal, the case was registered on file of the Sessions Division, Ernakulam as S.C.118/94. The Sessions Judge made over the case to the Assistant Sessions Judge, North Parur. The Assistant Sessions Judge heard preliminary arguments; framed charge against the accused and questioned them and as all the accused pleaded not guilty, a trial of the case was conducted. Prosecution examined PWs.1 to 16; got marked Exts.P1 to P14 and got identified MOs.1 to 11. On the defence side Exts.D1 to D6 contradictions in C.D statements of the witnesses were marked.

(3.) On the prosecution closing their evidence, the accused were questioned under Section 313 Cr.P.C. Thereupon all the accused generally denied all incriminating circumstances appearing in evidence against them and maintained that they are innocent. However, no evidence was adduced in defence. The Assistant Sessions Judge considering the entire evidence in the case found accused Nos. 1 to 3 guilty of the offences under Sections 143, 147, 148, 341, 323, 324, 326, 427 and 307 IPC read with Section 149 thereof and convicted them thereunder and found accused Nos. 4 to 9 guilty of only the offences punishable under Sections 143, 147, 148, 341, 323 and 427 IPC read with Section 149 thereof; heard the accused on the question of sentence and sentenced them under the relevant provisions.