JUDGMENT :

Crl.Appeal No.407 of 2008 is filed against the common judgment dated 6.2.2008 in Session Case No.666 of 2005 and 668 of 2005. Crl.R.P.No.2702 of 2008 is filed against the judgment dated 6.2.2008 in Sessions Case No.667 of 2005. Sessions Case Nos.666 of 2005 and 668 of 2005 are the main cases and Sessions Case No.667 of 2005 is the counter case relating to a same incident. Since the Criminal Appeal and revision are arising out of a case and counter case, I think this appeal and revision can be disposed of by a common judgment.

2. Firstly I will consider Crl.Appeal No.407 of 2008, which arises from Sessions Case No.666 of 2005 and Sessions Case No.668 of 2005.

Crl.Appeal No.407 of 2008 : Sessions Case Nos.666 & 668 of 2005 :

The Sessions Case No.666 of 2005 is a private complaint filed by one Rehim, Son of Kunju Muhammed against four accused alleging offences punishable under Sections 120B, 201, 341, 326, 323 and 307 read with Section 34 IPC. Sessions Case No. 668 of 2005 was a case charge sheeted by the Sub Inspector of Police, Mattancherry Police Station in Crime No.233 of 2001 alleging offences punishable under Sections 326 and 323 read with Section 34 IPC. In the police ch