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2016 Supreme(Ker) 306

P.D.RAJAN
P. Sahadevan – Appellant
Versus
State of Kerala Rep. by Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.S. Madhusoodanan, K. Velayudhan Pillai, T.V. Jayakumar Namboodiri, Thushar Nirmal Sarathy, M.M. Vinod Kumar, K.M. Ramya
For the Respondents: N. Suresh

JUDGMENT :

1. Appellants, who are accused A1 to A4 in S.C.323/03 on the file of Additional Sessions Judge, Adhoc-III, Thalassery challenge the conviction under Section 143, 147, 148, 452, 324 and 307 r/w 149 IPC. The charge against the accused is that on 19.11.99 at 8.30 am, the accused formed themselves into an unlawful assembly, armed with deadly weapons like sword, dagger etc, and in prosecution of the common object committed rioting and trespassed into the house K.P.X/238 of Kodiyeri amsom, Moozhikkara desom with an intention to cause death, A1 cut on the left hand of PW2 with sword and A2 before cut on the leg of PW2 caused simple hurt. As a result, PW2 sustained grievous injuries inside the house K.P. X/238, Kodiyeri amsom, Moozhikkara desom and thereby the accused committed the offence. Chokkly Police registered a Crime No.167/99 under Section 143, 147, 148, 452, 324 and 307 r/w 149 IPC. After completing investigation, Circle Inspector of Police Panoor laid charge before Judicial First Class Magistrate, Thalassery. A5 is absconding, therefore, his case was split up and the case of A1, A3 and A4 was committed to Sessions Court Thalassery and it was taken on file as S.C. No.406




















































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