RAZIQUE JALAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the findings of the Additional Sessions Court, Kottayam accused Nos.1 to 3 , 6, 8 and 9 are in appeal before us.

(2.) There were 10 accused in Crime No.9/2008 registered by the Thidanadu Police Station under Sections 143, 147, 148, 341, 323, 324, 427 and 302 read with Section 149 of the Indian Penal Code. Cognizance was taken by the Judicial First Class Magistrate, Erattupetta as CP 36/2008. After compliance with the provisions under Section 209 of the Code of Criminal Procedure, the case was committed to the Court of Sessions, Kottayam, which was taken for trial on file as SC 24/2009 before the Court of Additional Sessions Judge-IV, Kottayam, who acquitted accused Nos. 4, 5, 7 and 10 of all the charges and convicted the remaining accused and sentenced them to rigorous imprisonment for three months each under Section 143 read with Section 149 IPC; rigorous imprisonment for one year each under Sections 148 and 324 read with Section 149 IPC; simple imprisonment for three months each under Section 323 read with Section 149 IPC; rigorous imprisonment for six months each under Section 427 read with Section 149 IPC; and imprisonment for life and a fine of Rs 50,000/- each and in default of payment of fine, to undergo rigorous imprisonment for one year more under Section 302 read with Section 149 IPC. The convicted accused are the appellants before us.

(3.) The prosecution case in brief is thus: