ABDUL REHIMAN Vs. STATE

JUDGEMENT

(1.) Appellant is the first accused in SC 221/2007 on the file of the court of session, Thrissur division There were six accused persons in the case including the appellant. They were charged under Secs 143, 147, 148, 149, 302, 324, 341 and 449 of the Indian Penal Code (IPC). The charges against the 4th accused abated since he died. Accused 2,3,5 and 6 were found not guilty and therefore they were acquitted. The appellant was found not guilty of the offences under Secs 143, 147,148,149, 324 and 341 of IPC. He was convicted and sentenced for the offences punishable under Secs 302 and 449 of IPC. He is in appeal challenging his conviction and sentences.

(2.) Prosecution case goes as follows: The incident occurred at 4.30 p.m on 30.3.2004. A person died in the incident. He was Hameed Mon. He was the follower of the political party called the Indian Union Muslim League (IUML for short). The accused persons belonged to the political party called the Communist Party of India (Marxist) - for short the CPI(M). There were political confrontations between the followers of the IUML and the CPI(M). The accused persons formed themselves into an unlawful assembly with the knowledge that they were members thereof. They were armed with deadly weapons. They rioted. They wrongfully restrained Hameed Mon and attacked him. He was inflicted with injuries on different parts of his body including the right thigh with a sword. He who sustained fatal injuries breathed his last on the way to hospital. The place where the incident occurred was Andathode.

(3.) CW1 who was examined as PW1 gave the first information statement. It was recorded and the FIR was registered by the sub-inspector of Vadakkekad police station. The then circle inspector of Chavakkad conducted the major portion of the investigation. His successor completed the investigation and filed the charge-sheet before the court of the judicial magistrate of the first class, Chavakkad. The learned magistrate committed the case to the court of session.